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April 2015

Summary Judgment Granted in Harrison County Circuit Court

Plaintiff asserted a personal injury claim against a local bar, alleging that the driver of the vehicle was DUI at the scene and was served alcohol while visibly intoxicated.  After leaving the bar, plaintiff was ejected from the vehicle and run over by the rear wheels of the truck.  Plaintiff testified during her deposition, and later attempted to recant by affidavit, that she was ejected from the vehicle by, surprisingly, her sister.  Judge Clark granted Defendant’s Motion for Summary Judgment finding that there was no evidence that plaintiff’s injuries were caused by the driver of the vehicle, but rather, were caused by her exiting the vehicle.