Court of Appeals Affirmed Summary Judgment Granted in the Circuit Court of Harrison County
The Court of Appeals recently affirmed a summary judgment Ed Taylor obtained in the Circuit Court of Harrison County. The Plaintiff was run over by a vehicle operated by her brother-in-law who was DUI. The evidence indicated that Plaintiff either jumped out of the vehicle or was physically ejected by her sister. Plaintiff sued the bar where she, her sister, and brother-in-law had been drinking that night, claiming that the brother-in-law was served while visibly intoxicated, and his intoxication was the proximate cause of her serious personal injuries. (She suffered a crushed pelvis.) The Court of Appeals agreed with the trial court that the brother-in-law’s intoxication was not the proximate cause of her injuries based on the fact that she either jumped out of the vehicle or was ejected.