Stephanie A. Marrero Argues Successful Motion for Summary Judgment
On July 1, 2024, Stephanie A. Marrero successfully argued a Motion for Summary Judgment in favor of her clients, Dana Boston and Robert Caldwell.
On November 13, 2022 Dana Boston and Robert Caldwell were riding as passengers in a tow truck being driven by Bobby Stobert, an employee of Skint Knuckle Towing. They were traveling towards their home on Shoal Creek Road when, at the intersection with County Road 26, an accident occurred with Mickey Pinkston. Mickey Pinkston brought claims against Dana Boston and Robert Caldwell alleging they negligently distracted the driver, Bobby Stobert, causing and contributing to the accident.
Stephanie successfully argued that passengers cannot be liable for the actions of a driver unless the passenger has control over the operations of the vehicle, or if the driver had exhibited prior unlawful conduct while driving. The trial court agreed that there were no actions which gave rise to a duty on behalf of the passengers and granted Summary Judgment in favor of Dana Boston and Robert Caldwell.