Claudia Dominguez Secured Dismissal in Personal Injury Protection Lawsuit
Hallandale Beach Orthopedics, Inc., a/a/o Erica Leal v. State Farm Mutual Automobile Insurance Company
Claudia S. Dominguez of the Miami office of Roig Lawyers secured a dismissal for failure to meet a condition precedent to filing suit. State Farm raised a premature demand letter defense to a Personal Injury Protection (PIP) lawsuit, claiming that the Plaintiff had failed to meet a condition precedent to filing a PIP suit as they did not wait thirty days from when a bill allegedly became overdue before filing suit as required under Florida Statute §627.736(10).
Claudia filed a Motion for Summary Judgment on the issue, after the Plaintiff failed to submit a new demand letter when abatement was granted. The trial court held that a dismissal was proper because Plaintiff failed to wait the requisite time before filing suit, and dismissed the case. Plaintiff took an appeal of the dismissal to the 17th Judicial Circuit Court, who affirmed the dismissal.