On September 1, 2023 Senior Associate Attorney Kevin James and Associate Attorney Breonna Glover won Summary Judgment on behalf of their client in the State Court of Gwinnett County.
This case arose out of an automobile collision that occurred on December 13, 2020. Mr. James & Ms. Glover’s client (the defendant) was the title owner of a 1994 Chevy 2500. The evidence showed that in April 2018, the Defendant gave that vehicle to his brother-in- law to use and operate prior to to the Defendant relocating to Texas. Then on December 12, 2020, the Defendant’s brother-in-law parked the vehicle at an address in Norcross due to parking restrictions prohibiting him from keeping it in his own neighborhood. His brother-in-law testified that he did not give consent to anyone residing at that address to use or operate the vehicle. The Defendant further testified that he was not aware of his brother-in-law ever receiving any any traffic citations or getting into any accidents while operating the vehicle. Further, the brother in law had no prior criminal history or adverse driving history on his MVR report.
On December 13, 2020, at 3:58 am, an unknown driver identified in the case as John Doe, driving the Defendant’s vehicle crashed into the Plaintiff after failing to yield right of way while turning left. The unknown driver failed to remain at the scene of the accident. After the accident, Plaintiff filed a lawsuit alleging injuries from the incident alleging that that the Defendant entrusted his vehicle to Defendant Doe. The Defendant provided testimony that on the date of the accident, he awoke to several missed calls from his brother-in-law that the vehicle was stolen. A theft report also indicated that his vehicle was stolen around 1:00 am, prior to the accident.
Mr. James initially moved for summary judgment early in the case in March of 2022, the Court denied his Motion for Summary Judgement at that time to allow Plaintiff to conduct further discovery. Following the discovery period, after no further evidence was deduced to support a claim for negligent entrustment, Mr. James & Ms. Glover renewed the Motion for Summary Judgment.
After considering all of the briefs filed by Mr. James & Ms. Glover as well as opposing counsel, Judge Shawn Bratton granted summary judgment in favor of Mr. James’ client.
The case is Zeeshan Chaudhary v. David Vasquez and John Doe, State Court of Gwinnett County, CAFN 21-C-07600-S2.
Read more about Attorney Kevin James here.
Read more about Attorney Breonna Glover here.