A third-party crash scene expert, a first responder, a motorist and a pedestrian submit evidence to a judge following a crash. When a debate over negligent fault centers around whether the injured plaintiff had been in or out of the roadway, whose evidence gets considered?
It sounds like the start to a legal riddle, but a reversal handed down by the Georgia Court of Appeals has made clear it doesn’t find anything amusing about issues of material fact. If they exist, summary judgment cannot.
‘Plain, Palpable and Undisputed’
Presiding Judge Sara Doyle (from left) and judges E. Trenton Brown III and Clyde Reese. (Photos: Courtesy and ALM)
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