Archive: June 13, 2006

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Fact Disputes Coupled with Adverse Inference from Possible Spoliation Allow Plaintiffs to Avoid Summary Judgment

Fact Disputes Coupled with Adverse Inference from Possible Spoliation Allow Plaintiffs to Avoid Summary Judgment

Morgan v. U.S. Xpress, Inc., 2006 WL 1548029 (M.D. Ga. June 2, 2006)

This case involves a motor vehicle accident about which plaintiffs and defendant offered entirely different theories. Plaintiffs alleged that the accident occurred when a U.S. Xpress tractor-trailer pulled out from the shoulder of the road and turned sharply in front of Wes Morgan’s semi-oil tanker, forcing Mr. Morgan to veer to the right shoulder of the road to avoid hitting the truck and, in the process, lose control. Defendant alleged that the accident was a single-vehicle accident involving only Mr. Morgan, pointing to the results of a police investigation, which found no physical evidence of a second vehicle, and no eyewitnesses to the accident. Read More

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