Abigail Fleming defended a lawsuit seeking recovery for personal injuries sustained from an alleged motor vehicle – pedestrian accident. Plaintiff brought identical claims against two female defendants driving two separate vehicles. One defendant was a younger female, the other defendant, represented by Abigail, was a middle-aged female. Discovery depositions revealed that prior to the incident, plaintiff and a group of friends had been at a local dance club and consumed alcoholic beverages. In the parking lot, Plaintiff had a verbal altercation with the younger defendant regarding a shared ex-boyfriend and vandalism to a vehicle over the romantic entanglement.
Abigail established through the evidence that her client drove a small crossover vehicle and parked her car without striking any individual. Abigail’s client was pulled from her vehicle and involved in a fight with jumper cables and a crowbar. The fight dissipated and Abigail’s client left the scene, never having struck Plaintiff. None of the witnesses testified that Abigail’s client hit anyone with a small crossover vehicle or touched Plaintiff. Abigail brought a Motion on behalf of her client, and the trial court granted summary judgment, dismissing Abigail’s client prior to trial.