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Summary Judgment for Automobile Owner in Dekalb County Superior Court

March 5, 2012

Fred Valz and Beth Albright defended an insured automobile owner and his friend. A car thief stole the insured’s vehicle and crashed into innocent motorists. The motorists filed suit against the insured and his friend, who were following the thief in another vehicle at time of the accident. The Superior Court, DeKalb County, entered summary judgment in favor of the insured owner and friend and the motorists appealed. The Court of Appeals affirmed the grant of summary judgment, ruling that the motorists presented no evidence showing that owner and friend breached any duty by following the car thief and that they presented no evidence of a causal connection between their following and the subsequent accident. The Supreme Court denied Plaintiffs’ Petition for Cert.

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