Morrison’s Auto Parts

Latest in Lawsuits Involving Shops, Insurers and an Auto Recycler

There was activity recently in three legal battles involving body shops, its third version of the lawsuit, after the first two were dismissed. Shop Showcase turned an unsafe vehicle to them as part of an effort to avoid totaling the when the trial court has committed reversible error.” insurance companies, an auto recycler and consumers. with Ed Attanasio Presnell granted GEICO’ s motion, noting Eaves’ firm failed to file vehicle. The couple won an $18 million The justice’ s arguing to uphold the reversal of the verdict said there

A U.S. District Court judge in an opposition to GEICO’ s fee request. verdict, plus $3 million in attorney was some question about the trial Florida this summer agreed that a lawBut Presnell reduced the amount owed fees, but a three-judge Superior judge’s impartiality, pointing to that suit in which two Mississippi shops Court panel in 2018 overturned that judge’s “protracted we-the-consumare suing Progressive Insurance for tortious interference should be reSocial Media for Shops decision. The Bergs appealed to the state’s Supreme Court. Two of those er discourse spanning six pages of the opinion,” in which he appeared turned to a federal court in the shops’ with Ed Attanasio justices issued an opinion in August to step beyond his “judicial role and state. saying they were in favor of reversalign himself personally with the in

The two shops were part of a ing the lower court’s dismissal and terests of insurance consumers.” lar ger federal antitrust lawsuit, origreinstating the verdict, while two In yet another legal matter that inally brought against multiple inothers said they believe the dismisscould provide a lesson for all employsurers in 2014, consolidated to the Florida court with about two dozen SEMA Show Goes On al should be upheld; the views of the remaining two Pennsylvania Suers, an auto recycler is being sued by the U.S. Equal Employment Opporsimilar suits involving shops in other states. with Ed Attanasio Mississippi attorney John Eaves Jr. began preme Court justices is not known, but it would seem they were likely tunity Commission (EEOC), which says the company violated federal

The Mississippi shops’ suit signing body shops on to antitrust lawsuits split in their views, giving neither law by denying an employee’s rewas largely dismissed earlier this against insurers back in 2013 side a majority . quests for reasonable accommodayear, but because AutoWorks Collision Specialists in Jackson, MI, and to $30,298—GEICO had sought just The justices arguing to reverse the Superior Court’s decision said Media and Publicity for Shops tions—and then fired her—while she was undergoing chemotherapy for W alker Collision Center in Picawith Ed Attanasio over $40,000—and said only the atsuch verdicts should be overturned cancer. yune, MI, each pointed to a specific torneys, who he said pursued the matonly “in the most egregious of cases See Latest in Lawsuits, Page 38 customer they said they lost because ter “unreasonably and vexatiously,” of steering tactics they say Progressive used, dismissal of their portion of the lawsuit was overturned on appeal. Progressive ar gued the Florida court should continue to oversee the must pay those fees, not the shops. Another insurer , Nationwide, also got a court victory in August. The Pennsylvania Supreme Court announced it was deadlocked in its review of a lower court’s decision with Stacey Phillips Shop Strategies Family owned and operated since 1958 lawsuit, but Judge Gregory Presnell that overturned a $21 million bad said it should return to the Mississipfaith verdict against Nationwide repi federal court where it was originally filed. In remanding the case to lated to repairs made by one of the insurer ’s “Blue Ribbon” direct reBody Shops Giving Back Mississippi, however, Presnell indipair shops. with Stacey Phillips cated that court might choose not to Because the six justices—a sevallow it to proceed because the fedenth justice didn’t participate in the eral antitrust claims in the original case—were “divided in a fashion lawsuit have been dismissed. That leaves Progressive facing only accusations of violating Mississippi state anti-steering laws. “Since no federal claims remain, that court may decide that it is pruwhich prevents a majority disposition,” the lower court’s decision to throw out the 2014 verdict against Nationwide stands. The lawsuit arose after Daniel and Sharon Berg took their colwith Stacey Phillips Tips for Busy Body Shops Local: 608.884.4436 Fax: 608.884.8215 morrisons@morrisonsauto.comm Mention this ad and receive your next 10% Off dent to decline to exercise jurisdiction over the state law claims,” Presnell said. My SEMA lision-damaged 1996 Jeep Grand Cherokee to a Nationwide Blue Ribbon shop. An appraiser there recwww.morrisonsauto.com 800.866.2277 om 77 purchase!

He also ruled this summer on ommended the vehicle be declared with Stacey Phillips 6307 W. State Rd. 59 • Edgerton, WI 53534 GEICO’s request that the other a total loss, but the Bergs alleged Mississippi shops—and their attorneys—involved in the portion of that Nationwide, without informing them, had the vehicle moved to Morrison’s Auto Parts is serious about delivering the lawsuit that was dismissed cover GEICO’s legal fees fighting the case since 2015. That’s when Mississippi another Blue Ribbon shop where it was repaired. The Bergs sued over the condition of the repaired vehicle, Shop Strategies and our 11 Salespeople to help you get it! Quality Auto Parts and Quality Service attorney John Eaves Jr.’s firm filed claiming Nationwide knowingly re with Victoria Antonelli 32 OCTOBER 2020 AUTOBODY NEWS / autobodynews.com