Advertising Disclosure Email Disclosure

UM carrier’s summary judgment motion granted as no evidence was presented that the alleged debris in the road came from another motor vehicle due to a driver’s negligence.

January 19, 2018
Aruna Sampha Kanu v. Allstate Ins. Co., 2017 Del. Super. LEXIS 539 (Del. Super. Ct. Oct. 30, 2017)

In his suit against his auto insurance carrier to recover uninsured motorist benefits, the plaintiff claimed that alleged debris in the roadway caused his vehicle to spin out of control and strike two other vehicles. His carrier argued there was no evidence to show the alleged debris originated from a motor vehicle or, if it did, that a driver was negligent in causing the accident. The plaintiff opposed summary judgment and relied upon a 911 call where a passerby described an object in the road that caused the plaintiff to spin out of control. The plaintiff asserted the debris was left there, more likely than not, by another vehicle, which entitled him to UM benefits. The court granted the defendant’s renewed summary judgment motion, stating: “Plaintiff has not brought forth any evidence demonstrating that the debris in the roadway came from a motor vehicle due to negligence of another driver.” Even if there was debris, the court reasoned that a jury would have to speculate that the debris came from a vehicle as opposed to another source.

 

Case Law Alerts, 1st Quarter, January 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Jessica L. Tyler
Associate
(302) 552-4370
JLTyler@mdwcg.com

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."