January 2015 – Heinz Obtains Summary Judgment on Behalf of Two Clients in Washington County, Alabama Civil Action

Ben Heinz recently obtained a summary judgment on behalf of two individual clients in a civil action filed in Washington County, Alabama Circuit Court. The plaintiff had asserted claims of negligence, wantonness, negligent entrustment, and wanton entrustment. The plaintiff claimed a variety of damages including personal injuries, mental suffering, loss of enjoyment of life, and lost earnings. Through the course of discovery, Ben determined that the plaintiff had no evidence to establish the extent of any of his claimed damages nor any evidence proving a causal link between the actions of his clients and the plaintiff’s claimed damages. Ben moved for summary judgment at the close of discovery pointing out the plaintiff’s various evidentiary problems which made it impossible for the plaintiff to satisfy his burden of proof. The judge granted the motion for summary judgment on all claims asserted against Ben’s clients.