David Webb, continues pro se, appealed a decision rejecting his complaint. Webb was involved in a car accident. He sued a law firm, company employees, insurance companies and other entities related to his legal representation, insurance coverage and the sale of his vehicle after the accident. The district court dismissed the complaint on the grounds that Webb’s alleged losses were either frivolous or that he failed to state a claim upon which relief could be granted.
Watch the full video at https://rumble.com/v2sw9n0-no-damages-for-litigating-while-black.html and at https://youtu.be/T11cwHIudh8
David Q. Webb v. Attorney James P. Hall, et. al., No. 22-3267, United States Court of Appeals, Third Circuit (June 2, 2023), the Third Circuit resolved the dispute.
Webb alleged in Counts I and II of his complaint that Phillips, McLaughlin & Hall, PA and other defendants discriminated against him based on his race.
Webb is black, and he claims the defendants refused to give him the same legal representation, insurance coverage or access to his vehicle that white citizens have. However, Webb claimed that there were no supporting facts. He also alleged that the defendants violated his rights under the Fourth and Fourteenth Amendments in connection with the seizure and sale of his vehicle and that he was denied his right to equal protection in handling his insurance claims. The District Court rejected these claims on the grounds that the defendants are not state actors, which is required for a claim under Section 1983.
The Third Circuit concluded that Webb has not shown that the district court erred in dismissing these claims.
The trial court also dismissed Webb’s state court malpractice claim against James Hall (Count VI). Webb claims that Hall did not convey a settlement offer from National General Insurance Company to him. To the extent the district court required Webb to determine that an underlying suit against the insurer would have been successful, but for Hall’s negligence, the loss of a judgment is not the only way to show the resulting injury. Webb also alleged intentional infliction of emotional distress by Hall, who allegedly refused to confirm that he had relayed Webb’s settlement claims to certain insurance companies and lied about not receiving an offer from National General Insurance Company.
Webb also alleged that defendant Copart, Incorporated intentionally inflicted emotional distress by illegally impounding and selling his vehicle after the accident. Webb failed to allege conduct by any of the defendants that exceeds the bounds of decency and would be considered intolerable in a civilized society.
The district court’s judgment was upheld.
Suing an insurance company, attorneys, and individuals because a car accident lawsuit didn’t go the way you wanted still requires allegations of actionable torts and evidence to support the claim. Just because the plaintiff was black and believed he was discriminated against still requires proof. The plaintiff’s case failed because he had no evidence to support his claims.
(c) 2023 Barry Zalma & ClaimSchool, Inc.
Subscribe and receive videos limited to Excellence in Claims Handling subscribers on locals.com https://zalmaoninsurance.locals.com/subscribe.
Please consider subscribing to my publications on substack at https://barryzalma.substack.com/publish/post/107007808
Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01
Barry Zalma, Esq., CFE, can be found at http://www.zalma.com and firstname.lastname@example.org
Follow me on LinkedIn: www.linkedin.com/comm/mynetwork/discovery-see-all?usecase=PEOPLE_FOLLOWS&followMember=barry-zalma-esq-cfe-a6b5257
Write to Mr. Zalma at email@example.com; http://www.zalma.com; http://zalma.com/blog; daily articles are published on https://zalma.substack.com. Access the Zalma On Insurance podcast at https://podcasters.spotify.com/pod/show/barry-zalma/support; Follow Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; https://creators.newsbreak.com/home/content/post; Go to Insurance Claims Library – https://zalma.com/blog/insurance-claims-library.