Fletcher v. Rodriguez
This case addresses motions by both the defendant to dismiss the complaint and by the plaintiff to restore the action to the trial calendar and for summary judgment dismissing the defendant's defense of estoppel. The dispute stems from a motor vehicle accident on January 13, 2011, where the plaintiff, after a denial of claim from the defendant's insurer (Allstate), received a conditional settlement of $25,000 from her own insurer (USAA) under an uninsured motorist clause. The settlement required reimbursement to USAA if the plaintiff successfully recovered from the person responsible for the accident. The defendant argued that the plaintiff had irrevocably waived her right to sue by accepting this settlement, citing the doctrines of election of remedies and judicial estoppel. The court ultimately found these doctrines inapplicable, noting the conditional nature of the settlement which contemplated further action against the tortfeasor, and that the defendant failed to prove the plaintiff took an inconsistent position in a prior proceeding. Consequently, the plaintiff's motion for partial summary judgment on the issue of judicial estoppel was granted, and the defendant's motion to dismiss was denied.