Tyrone Wilburn v. A & A Auto Sales & Rental et al.

Cody McCollum (Atlanta, GA) (Auto Liability) obtained a Summary Judgment in the case of Tyrone Wilburn v. A & A Auto Sales & Rental et al. Plaintiff allegedly injured his neck, shoulder, and back after being struck in a hit and run automobile accident. At the scene, Plaintiff was able to make out the license plate number of the striking vehicle. Plaintiff filed suit against a fictitious “John Doe” and served his uninsured motorist carrier, Auto Club Group. After several years of litigation, the name of the individual who had rented the vehicle was discovered. After the statute of limitations had run, Auto Club Group moved for Summary Judgment, as Georgia law makes clear that an entry of judgment against a known driver a condition precedent to the entry of judgment against an uninsured motorist carrier. Because the individual who was at-fault for the accident was known, yet not a party defendant, it was impossible to recover against plaintiff’s own uninsured motorist policy with Auto Club Group, which had written a six-figure policy, thus faced substantial exposure. Cody and the claims professional partnered to plan and execute on a successful defense strategy.