AJALON ELLIOTT ET AL. v. HAROLD JUNIOR MONGER ET AL. - Articles

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Posted by: Azya Thornton on Dec 10, 2024

Court: TN Court of Appeals

Attorneys 1: Darryl Humphrey, Memphis, Tennessee, for the appellants, Ajalon Elliott, and Freddrick Hurt.

Attorneys 2: Robert S. Mink, Sr. and Robert S. Mink, Jr., Jackson, Mississippi, for the appellees, Harold Junior Monger, and Your Golden Transportation, LLC.

Judge(s): ARMSTRONG

This appeal arises from an automobile accident. Appellants, one of the drivers and her husband, filed a complaint for negligence against appellees, the other driver and his employer. Appellees filed a motion for summary judgment, alleging that immediately preceding the collision, the appellee-driver experienced a heart attack that left him physically incapacitated and unable to control his vehicle. In granting the motion for summary judgment and dismissing the case, the trial court found that the sudden physical incapacitation doctrine provided appellees with a defense to appellants’ negligence claim. Discerning no error, we affirm.

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