Attorney Joseph Kaiser Prevails in the Court of Appeals
May 29, 2019 – Attorney Joseph Kaiser recently scored a victory in the Court of Appeals in an uninsured motorist case. The facts involved a named Defendant that the Plaintiff alleged was unable to be located. After a period of time, the Plaintiff moved to serve the Defendant by publication to trigger her own UM coverage. The trial Court granted the Order for service by publication and the Plaintiff then ceased attempting to locate the named Defendant.
The Uninsured motorist carrier then attempted to locate and serve the named Defendant who ultimately filed an Answer and moved to dismiss the case because the statute of limitations had expired. The UM carrier joined this motion and argued the case should be dismissed in its entirety. The trial Court agreed and ordered the dismissal of the case. Plaintiff appealed and the Court of Appeals affirmed the dismissal of the case in its entirety in an unpublished, but thorough opinion.
The full opinion can be downloaded and read here:Thomas v. Padilla – Final Court of Appeals Decision