Lucas v Gillin

Sarah Gordon, Brian Boehne, and Dena Auraha obtained summary disposition, with prejudice, on behalf of their client, a Defendant in an automobile negligence action where Plaintiff claimed severe injuries when struck by Defendant’s car while riding a bicycle. Discovery revealed that Plaintiff was intoxicated and lacked independent recollection of the accident. An independent witness and the responding police officer corroborated Defendant’s recollection that he had a green light and had no opportunity to stop before striking the bicyclist who proceeded through a red light. A toxicologist was retained, who confirmed that Plaintiff’s ability to operate his bicycle was impaired at the time of the accident. The Motion for Summary Disposition argued that Defendant was entitled to an absolute defense as all evidence confirmed Defendant had the right-of-way and Plaintiff was presumed to be impaired. Dena Auraha prepared the motion and briefs and Brian Boehne argued the motion before the Honorable Annette Berry in the Wayne County Circuit Court. Judge Berry agreed that Plaintiff could not support his claim, Defendant had set forth an absolute defense and granted summary disposition in favor of Defendant.