Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Berry v. Hamilton

The trial court properly granted summary judgment to the defendant, who drove over the victim's body on the interstate, because there was no evidence that the victim was alive when he hit her.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Lezlie Berry, the administrator of Wanda Martin’s estate, and Martin’s husband and two children Berry appeal from the trial court’s grant of summary judgment to defendant Robert Hamilton and John Doe drivers one and two on Berry’s complaint for Martin’s wrongful death. Because Berry has produced no evidence sufficient to raise a question of fact as to whether Hamilton or the John Doe drivers were the proximate cause of Martin’s death or that Hamilton or either of the John Doe drivers was negligent, we affirm.

This case arose when Wanda Martin was riding her motorcycle on I-285 at around 2:00 a.m. At some point, Martin fell off her motorcycle and was killed, either by the fall or after being struck by a passing car or cars. At 2:23 a.m., someone called 911 on a mobile phone and told the operator that there was a motorcycle on the side of the roadway with lights flashing but she did not see a rider. Some time after this call, Robert Hamilton was driving past the accident scene when he felt his right wheel go up and over something, but did not see what he hit. Hamilton drove to the next exit and called 911. The police dispatcher told him there had been a wreck and he should go back to the scene of the accident. After officers arrived at the scene, they saw two other cars drive over Martin’s body before they could stop traffic.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ATTORNEY -- HARTFORD, CT

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Go to Lawjobs