Lu Prevails on Appeal
Associate Ellen Lu successfully argued to the Georgia Court of Appeals that summary judgment had been properly entered in favor of her client on the issue of negligence. The case resulted from a 2020 motor vehicle accident. Ms. Lu’s client had just entered the center turning lane ahead of a busy intersection, where he intended to turn left. At the same time, plaintiff was attempting to turn left from a private parking lot across two lanes of traffic and the center turning lane that Ms. Lu’s client had just entered. While traffic had stopped in the two (2) straight lanes to allow plaintiff through, Ms. Lu’s client did not see her vehicle entering the turning lane in time to avoid the collision. Plaintiff argued that Ms. Lu’s client was speeding and/or improperly entered the center turning lane more than 300 feet ahead of where he intended to turn, in violation of O.C.G.A. § 40-6-126. The trial court determined that despite having retained an accident reconstructionist, plaintiff presented insufficient evidence to create a genuine issue of material fact on the issue of negligence. The Court of Appeals affirmed. The unreported case is Davis v. Johnson, Appeal No. A22A1625.