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Judge Hayward signals likely dismissal in Collins v. Omar after insurer argues lack of service
Summary
At the July 29 civil calendar, Farmers' counsel told Judge Tammy Long Hayward that the plaintiff never served the named defendant and filed on the statute's last day; the carrier asked for summary judgment and the judge asked for a proposed order to sign.
Judge Tammy Long Hayward heard argument on a summary-judgment motion in Collins v. Omar on July 29, stemming from a June 3, 2022 motor-vehicle collision. Andy Owens, appearing for Farmers New Century Insurance, told the court the plaintiff filed the suit on the statute's last day (06/03/2024) but never effected service on the named defendant, leaving the carrier without a judgment to which it could be liable.
"Plaintiff never got service on the defendant...the statute expired," Andy Owens said, arguing the undisputed docket facts and case law support dismissal. Owens cited Cotton States v. Bogan and Swanson v. State Farm as analogous precedents and said the plaintiff had not filed a response. Judge Hayward questioned why the carrier styled the filing as a motion for summary judgment rather than a motion to dismiss but noted the court could treat it as appropriate and asked defense counsel to submit a proposed order.
The judge indicated she would grant relief based on the record if a proposed order were provided for signature, and directed that the order be emailed to her staff attorney Kiara Powell for distribution. The court took the matter under immediate consideration and excused counsel pending receipt of the order.
