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Dial v. Natalizi

Circumstantial evidence contradicting defendant's claim that his rented van was disabled on the interstate raised a jury question as to whether he could have moved the van and prevented plaintiff's rear-ending him.

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This appeal arises out of a car accident which occurred when Virginia Dial drove her pickup truck into the rear of a minivan driven by Marco Natalizi. Natalizi’s van had stopped in a travel lane on I-85 a few minutes earlier. Dial sued Natalizi alleging he was negligent in stopping his van on the highway. Natalizi countered that the van had suddenly become disabled and could not be moved out of the travel lanes. The trial court granted summary judgment to Natalizi. Dial appeals, contending genuine issues of material fact remain regarding whether the van Natalizi drove was actually disabled and whether Natalizi could have moved the van out of the travel lanes and prevented the accident. We agree with Dial that genuine issues of material fact exist and reverse the grant of summary judgment.

The evidence shows that on September 10, 1996, Natalizi arrived at Atlanta Hartsfield International Airport from Italy. It was his first time visiting Atlanta and he spoke no English. He rented a 1996 minivan with an automatic transmission, though he had never driven a car with an automatic transmission before. Natalizi drove the van onto I-85 southbound en route to his hotel. It was 6:15 in the evening and still light outside. Traffic was heavy, but moving at about the speed limit.

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