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Defense Summary Judgment in Automobile Negligence Case

Stefanie Capps, of the Fort Myers office, recently prevailed in obtaining a defense summary judgment in an automobile vs. pedestrian negligence case. The plaintiff was a 15 year-old who admitted she was crossing a major roadway against a “do not walk” sign. The plaintiff alleged extensive permanent injuries including orthopedic injuries to her ankle, neck, back as well as a head injury. Plaintiff argued that the defendant driver should have seen the plaintiff crossing the road but failed to because he was focused on the car in front of him and not scanning the roadway at an intersection as a reasonable driver should. Stefanie successfully persuaded the trial court that the facts of the case warranted summary judgment based on the “darting pedestrian” line of cases.

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