July 27, 2020 – Partner Joseph Kaiser and Associate Ankur Trivedi obtained Summary Judgment on behalf of their client in the State Court of DeKalb County.
In this case, the Plaintiff was a rear seat passenger who alleged that the Defendant caused a collision with the vehicle he occupied when she ran a red light as the driver of his vehicle turned left. Defendant denied liability and alleged the driver of the Plaintiff’s vehicle made an improper left hand turn causing the collision. Defendant then filed a notice to apportion fault to a non party (being the driver of Plaintiff’s vehicle). Plaintiff then moved the Court to add the driver of his vehicle as an additional party defendant.
The driver of the vehicle was subsequently served, did not file an Answer and was in default. At his subsequent deposition, Plaintiff testified that he was a rear seat passenger and was looking down at his phone at the time of the collision. He was not able to testify as to the color of the light controlling the intersection nor was he able to specify any act of negligence on the part of the Defendant from his own observations or knowledge. Defendant provided testimony under oath that her light was green at the time of the accident.
Based upon his testimony, Mr. Kaiser and Trivedi brought a Motion for Summary Judgment alleging that Plaintiff could not meet his burden or show any evidence as to how Defendant was negligent or contributed tot he collision. Plaintiff filed a response alleging that there were statements contained in the police report that could support an allegation that Defendant was negligent. Defendants replied that such statements were inadmissible hearsay, were not evidence and that the Defendant’s testimony as to the traffic light was uncontested by any evidence.
Judge Kimberly Anderson of the State Court of DeKalb County concurred that the statements int he police report were inadmissible hearsay and that there was no evidence to dispute Defendant’s Contentions. Because there was no evidence in the record to dispute Defendant’s sworn testimony and no genuine issue of material fact, Judge Anderson Granted Summary Judgment to the Defendant.
The Court’s Order can be viewed here.
The case is Kuwasi Turner v. Leila Dye & Stedman Vaughn
State Court of DeKalb County, CAFN: 19A72688