Phillip Jones (Tampa, Florida) (Automobile Liability) obtained a Final Summary Judgment in Pasco County, Florida on a case involving a motor vehicle accident and claimed bodily injuries.
Plaintiff brought a bodily injury claim in relation to a motor vehicle accident. Plaintiff claimed that our client was speeding when the accident occurred. The undisputed testimony of all parties showed that our client was driving straight and the Plaintiff was attempting to make a left-hand turn. At the time of impact, both directions had a yellow light. The Plaintiff and her son testified that the vehicle came out of nowhere and had to have been speeding because their vehicle flipped 4 times. Our client testified that she believed the speed limit was 50 mph and that she was going the speed limit.
At the hearing on the Motion for Summary Judgment, Plaintiff attempted to argue that there was still a question of fact as to whether our client was speeding, which would make her partially at fault. The Plaintiff relied on the police report which stated the posted speed was 45 mph. Therefore, there was a question of whether our client was going 5 miles over the speed limit. Our office argued that Plaintiff had no admissible evidence showing our client was speeding and that Plaintiff could not prove her case. We further showed the court evidence that the posted speed on the road was 50 mph, which confirmed our client’s testimony.
The Court agreed and granted the Motion for Final Summary Judgment finding that the Plaintiff was 100% at fault for the accident and that Plaintiff failed to show our client breached her duty of care.