Perrier & Lacoste Obtains Dismissal of Lawsuit in Alleged Hit-and-Run 18-Wheeler Accident in Mississippi – August 2022
The plaintiffs alleged they were struck by an 18-wheeler in a hit-and-run accident. The plaintiffs claimed they were able to obtain the DOT number and motor carrier name during the accident before the 18-wheeler fled. The plaintiffs’ lawsuit was filed 8 days before the statute of limitations expired. The plaintiffs failed to serve process timely, so they obtained two ex parte extensions of time. In order to obtain the ex parte extensions of time, the plaintiffs alleged issues with identifying the alleged driver, the motor carrier’s agent, as well as staffing and process server issues due to Covid. Ultimately, the defendant motor carrier was served over 500 days after the lawsuit was filed. Perrier & Lacoste filed a motion to set aside the ex parte extensions and dismiss the case for failing to timely serve process. The Court set aside its two prior orders extending time to serve process. The Court held that the plaintiffs did not have good cause for the extensions. Additionally, without the extensions of time to serve process, the claims were now time barred so the case was dismissed with prejudice.