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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

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