Defense Obtained Voluntary Dismissal of the Case Without Payment of Settlement

Mica Nguyen Worthy (Charlotte) obtained a voluntary dismissal of a case where Plaintiff alleged he slipped on ice on hotel property and fell, causing bodily injuries. His attorney made a demand for policy limits to the carrier for the hotel. Defense counsel was retained and was able to determine that the Insured was not properly named in the lawsuit, that it was not a misnomer, that no misrepresentation or fraud had caused the wrong company to be listed, and that the statute of limitations had passed as to the correct entity. After discussion with the Plaintiff’s counsel, who refused to dismiss the case and continued to make a policy limit demand, defense counsel then filed a Motion to Dismiss and set it for hearing. On the day of, but shortly before the hearing, Plaintiff’s counsel took a voluntary dismissal with prejudice to avoid the hearing.