Dale Parker and Brendan McKay obtained a complete defense victory for their client in Palm Beach County, Florida who hit a leased vehicle that allegedly resulted in property damage to that vehicle.
Plaintiff, a leasing company, sued their client alleging that even though the vehicle was completely repaired from the accident, the accident showed up on that vehicle’s Carfax and, therefore, has suffered diminished value.
At trial, the client took the stand and testified in no uncertain terms that there was no damage to the leased vehicle as a result of this accident. As a threshold matter, the defense team argued that Plaintiff is not entitled to diminished value damages if they cannot prove that this accident caused any property damage. In addition to not meeting this burden of proof, the defense team outlined several other burdens Plaintiff failed to meet to prove their claim for diminished value damages.
The court agreed and entered Final Judgement in favor of the Defendant, finding that Plaintiff had failed to meet burdens of proof necessary to support their claim.
