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Rosales v. Davis

No direct evidence showed that defendant was driving the car that rear-ended the plaintiffs and the circumstantial evidence to the contrary was not overwhelming.

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Elizabeth and Bernard Davis sued for injuries they suffered when the car they occupied was sideswiped and rear-ended by two cars which appeared to be engaged in a chase. The Davises’ suit claimed that defendant Michael Rodriguez drove the car which sideswiped their car, and that the chasing car which rear-ended them was owned by defendant Mary Rosales and was driven by defendant Rolando Rosales. Because both of the cars left the scene of the accident before the Davises could identify the cars or drivers, the suit also named John Does as alternative drivers of the cars. We granted the application of Mary and Rolando Rosales for an interlocutory appeal from the denial of their motion for summary judgment. The Rosaleses admitted that Mr. Rosales owned the car which rear-ended the Davises, but they claimed it had been stolen and denied driving the car at the time of the accident. The Davises claimed that, although there was no direct evidence establishing the driver, the circumstantial evidence was sufficient to create a question of fact as to whether Mr. Rosales was the driver. Because we find an absence of direct or circumstantial evidence sufficient to create a factual issue on the claims against the Rosaleses, we reverse. Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991.

1. First, we address the Davises’ claim that, after this appeal was docketed, it became moot and should be dismissed.

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