Case: Motor Vehicle Accident
Counsel: David Owens and Robert Von Hagen
Result: Summary Judgment Granted in Favor of Vehicle Owner
This action arises from a tragic incident in which a two-year old infant plaintiff was fatally struck by an automobile, driven by a co-defendant and owned by our client, when she wandered onto the roadway. It is alleged that a co-defendant parking our client’s vehicle next to a curb in the wrong direction, facing in the opposite direction of the closest moving traffic lane on a two-way street, contributed to the infant plaintiff being struck by another co-defendant’s vehicle. It was undisputed that our client’s vehicle never came into contact with the infant plaintiff, therefore there was no negligence attributable to our client nor was our client’s vehicle a proximate cause of the incident as a matter of law. On these grounds we moved for summary judgment, which the Court granted in its entirety, dismissing the complaint against our client.