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Voluntary Dismissal in Motor Vehicle Case

Chelsea R. Winicki and Kara Byrnes, of the Jacksonville office, obtained a voluntary dismissal in a bodily injury automobile accident case. The case was transferred to Kubicki Draper about two months prior to the start of trial. In reviewing the file upon receipt, Chelsea and Kara identified numerous providers that were not previously subpoenaed. They immediately filed a Notice of Intent to issue subpoenas, served the subpoenas, and started to receive records. The records revealed prior complaints of the same injuries that had not previously been disclosed, as well as a subsequent accident. After serving the Notice of Intent to issue additional subpoenas, Plaintiff’s counsel advised that he was requesting a continuance and expected Chelsea and Kara to agree to the same as they had only recently taken over the case. However, Chelsea and Kara advised Plaintiff’s counsel that they would be objecting to the continuance and that they were ready to proceed to trial. A week later, Plaintiff’s counsel filed a Notice of Voluntary Dismissal.

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