In addition to our work on Long Term Disability cases, Serafini, Michalowski, Derkacz & Associates (SMDA) also handles personal injury cases. This is the story of one such case.
Our client, James Hawthorne was rear ended by a semi-truck owned and operated by a Kentucky based Trucking company. Mr. Hawthorne hired our firm to pursue a claim against the at-fault driver when he was unable to return to work due to a serious neck injury (due to whiplash).
SMDA filed a lawsuit against the trucking company in the Wayne County Circuit Court. Despite being served with the complaint by the local sheriff, the trucking comapny failed to appear in the case and was defaulted. Despite receiving notice of the default, the Trucking company again failed to appear in the case and a default judgment ($942,000) was entered by the Court.
When the trucking company failed to pay the judgment (and later filed bankruptcy) SMDA filed a lawsuit against the trucking companies Insurer based on the language contained in the MCS90 endorsement. Plaintiff was able to obtain a ruling from the court that the Insurer was not entitled to conduct any discovery as Hawthorne’s right to recover pursuant to the MCS90 endorsement was due to the Wayne County Default Judgment which could not be collaterally attacked.
The Court then granted SMDA’s motion for judgment finding that Plaintiff had established every element required by the MCS90 endorsement and entered a judgment for Plaintiff.
SMDA is available to handle any trucking accident cases or assist in any trucking accident claims that may involve the MCS90 endorsement.