Burgess Holmes Obtains Dismissal in a Personal Injury Case
Birmingham, AL – The firm recently secured a favorable dismissal in a Blount County personal injury case after successfully arguing that the plaintiff had abandoned prosecution of her claims.
The case, arising from a December 2022 motor vehicle accident on Interstate 65, was dismissed by Circuit Judge Gregory J. Reid after Attorney Scott A. Holmes demonstrated at a status conference that the plaintiff had ceased all communication with her former counsel and failed to participate in discovery.
While the dismissal was entered without prejudice, the tactical significance cannot be overstated – Alabama’s two-year statute of limitations for personal injury claims has already expired, effectively barring any future litigation arising from this incident. Any attempt to refile would face an insurmountable statute of limitations defense.
The case represents another example of the firm’s commitment to pursuing all available avenues to achieve favorable outcomes for our clients.