Robert Mack and Denise Tremblay Prevail on a Summary Judgment in Hampden Superior Court

Morrison Mahoney partner Robert Mack and associate Denise Tremblay prevailed on a motion for summary judgment in the Hampden Superior Court involving a motor vehicle accident.  On date of the accident, our client was working as a merchandizer for a major soft drink company.  In the morning, after making a delivery at a retail store, our client headed eastbound on Route 20.  She had no memory of leaving the retail store parking lot.  Two independent witnesses on Route 20 observed our client with her head down and bobbing.  She appeared to be unconscious.  Her vehicle traveled for approximately one mile on Route 20 crossing over into the westbound lane at approximately 50 mph.  Our client’s vehicle entered the parking lot of a restaurant striking several parked cars.  An elderly pedestrian in the parking lot was struck by 2 of the vehicles and died the following day.  The plaintiff suffered injuries to her lower extremity. Police officers at the scene found no evidence of drug or alcohol use by our client.   She was taken by ambulance to the emergency room to be evaluated for the cause of a “syncope event.”  Our client refused treatment against medical advice.  Emergency room records indicated a clinical impression of a syncope event and defendant’s expert opined that the driver suffered an unforeseen syncope event while driving.  Plaintiff’s counsel argued that our client had a history of drug and alcohol use such that the jury could infer that she passed out or fell asleep while driving due to drug and/or alcohol use. After oral argument, the court entered summary judgment in favor of the defendants finding that the defendants had provided sufficient proof to establish that our client suffered a sudden unforeseen medical event prior to the accident and that the plaintiff failed to provide any countervailing evidence to the contrary.