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November 16, 2021 – Partner Jay Eidex obtained Summary Judgment on behalf of his client, an operator of electric scooters in Gwinnett County Superior Court in a claim arising out of alleged injuries suffered in an incident that occurred on the Atlanta Beltline. The Plaintiff alleged that two unknown females or “Jane Does” operating an electric scooter struck her while she was walking on the beltline.
Mr. Eidex moved for summary judgment on behalf of his clients asserting that (1) Plaintiff could not identify the identities of the Jane Doe defendants and therefore cannot prove that Mr. Eidex client rented or leased a scooter to the Jane Doe defendants; (2) Plaintiff could not identify the identities of the Jane Doe defendants and therefore could not establish the requisite elements of her negligent entrustment claim against Mr. Eidex’ client; (3) Plaintiff could not establish that Mr. Eidex’ client failed to train or supervise the Jane Doe defendants; and (4) Plaintiff could not establish Mr. Eidex’ client was negligent per se because Plaintiff did not not identify a law that Mr. Eidex client violated and offered no evidence that his client actually violated a “Georgia laws regarding the use and operation of motor vehicles.” Mr Eidex noted in his brief and argument that regarding the claims of negligence per se scooters were lawfully permitted on the Beltline on the date of the subject occurrence, and an ordinance requiring a limit on scooters’ maximum speed on the Beltline was not implemented until over 6 weeks after the occurrence in question.
After a hearing, the Judge Timothy Hamil of the Superior Court of Gwinnett County granted Summary Judgment to Mr. Eidex’ client.
The Court’s Order can be viewed here.
The case is Lauren Sorrell v. Neutron Holdings, Inc., Atlanta Beltline Inc., Atlanta Beltline Partnership, Inc., Jane Doe 1, Jane Doe 2, ABC Corp, XYZ Corp.
Superior Court of Gwinnett County, CAFN: 20-A-00975-8