Plaintiff Dismisses Action with Prejudice

October 1, 2006

In a case handled by Jean M. Lawler and Daniel G. Pezold, plaintiff filed suit against the operators of a restaurant and bar for premises liability and negligence arising from an alleged assault and battery in which plaintiff suffered a broken leg.  The insurer denied coverage based upon an assault and battery exclusion contained in the policy.  The insured demanded judgment and assigned all rights against insurer arising from the coverage denial.  Based upon the assignment, plaintiff filed suit against insurer for breach of contract and bad faith.

Murchison & Cumming filed a demurrer and motion to strike, and plaintiff filed a notice of intent to amend.  The First Amended Complaint contained contradictions to the original allegations.  A demurrer and motion to strike the amended pleading were filed, along with a motion for monetary sanctions.  Prior to the hearing, plaintiff agreed to dismiss the action, with prejudice, in exchange for a mutual waiver of costs.