1/11/2007 - Summary Judgment Granted in Negligence/ Wantonness Case

On June 27, 2005, the Plaintiff was traveling northbound on Interstate 20/59 near Birmingham when traffic slowed due to a ladder in the roadway.  The defendant, Brian Robertson, slowed to a stop to avoid the ladder in the roadway and the vehicle stopped in front of him.  Mr. Robertson was struck in the rear by another driver and in an effort to avoid this accident, a third vehicle allegedly ran the plaintiff's vehicle off the road.  Plaintiff alleged injuries to his cervical spine in the accident and underwent a cervical fusion.  Plaintiff filed a lawsuit against Brian Robertson, the driver who struck Mr. Robertson and the driver who ran the plaintiff off the road asserting claims of negligence and wantonness.  Mike Gregory, on behalf of Brian Robertson, argued there was no evidence of negligent or wanton behavior on the part of Brian Robertson as he maintained control of his vehicle in his lane of traffic when confronted with a sudden emergency, a ladder in the roadway.  Judge Tom King of the Circuit Court in Jefferson County agreed and granted Brian Robertson's motion for summary judgment.

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