Successful Result in Motion for Summary Judgment
In a wrongful death action, associate Danielle Boyd recently obtained summary judgment for our client.
Plaintiffs’ decedent lost control of his motorcycle going over 100 miles per hour on a transition road to another freeway and grazed the right rear bumper of our client’s vehicle. Upon losing control, the decedent’s motorcycle hit a curb and a guardrail, causing decedent to be ejected from the motorcycle. Decedent landed in a tunnel of a transition road where he was subsequently struck by multiple motorists. Plaintiff alleged that our client was negligent when driving and caused the accident.
In preparing this case for summary judgment, extensive, targeted discovery was conducted and multiple depositions were taken to explore the facts of the multi-vehicle accident.
The successful Motion for Summary Judgment was brought under Plaintiffs’ failure to establish breach of a duty as well as causation, necessary elements of the cause of action pleaded. The court agreed with our arguments in that we satisfied the prima facie burden to show that the wrongful death claim based on negligent driving cannot be established. There was no evidence our client was driving negligently. Instead, there was clear evidence that the decedent was driving negligently at the time the accident occurred.