June 2006 - Summary Judgment in Favor of Insurance Agency

Monty Montgomery obtained summary judgment for an insurer in Mobile County Circuit Court.  This case involved a roll-over accident involving two teenage girls.  The driver was accused of taking her eyes of the road and, after taking one hand off the wheel to wave to friends, allowing her vehicle to drift into oncoming traffic.  The driver over-corrected in her effort to avoid oncoming traffic and left the roadway causing her vehicle to flip and eject the unrestrained passenger.  The passenger sued alleging wanton conduct on the part of the driver and seeking underinsured motorist benefits from her own carrier.  The insurer consented to the settlement between the driver and injured passenger and defended the case with a Guest Passenger defense.  The Court found the acts of the driver constituted negligence and granted summary judgment.

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