A court can grant a prejudgment remedy application if, taking into account defenses, countervailing claims, set offs, exemptions and insurance, probable cause exists that judgment will be issued to the applicant. Allegedly, the plaintiff, Richard Megos, was in a line of traffic at a traffic light on Oct. 13, 2012, and proceeded into the intersection after the light turned green when he heard tires squeal and the defendant’s Buick broadsided the plaintiff’s motorcycle, crushing the plaintiff’s foot and lower leg against the Buick. Allegedly, the plaintiff went to the emergency room in an ambulance and underwent surgery in an attempt to save his leg, before his leg was amputated. The plaintiff’s medical expenses from five surgeries exceed $135,000. The plaintiff testified that he is unable to wear a prosthesis without pain, that he lost his ability to enjoy activities such as skiing and snowboarding, and that he lost $330,000 in sales from his home contractor business. The defendant argued but did not introduce evidence in support of his claim that the plaintiff was negligent. Probable cause exists that the plaintiff is likely to prevail on the merits at trial in the amount of $2 million. The court granted a prejudgment remedy in the amount of $2 million and ordered the defendant to disclose assets.

VIEW FULL CASE