Rosy Cheema Wins Summary Judgment Motion in a Fatal Car Crash

In this wrongful death case, plaintiff claimed that defendant was negligent in failing to look behind her for approaching vehicle before turning left and that defendant had the last clear change to avoid the accident. Rosy moved for summary judgment and dismissal, arguing that the Defendant was not negligent in the operation of her vehicle, and that the sole and proximate cause of the accident was the decedent’s attempt to overtake the Defendant’s vehicle at an unsafe speed, ultimately leading to the collision. Rosy supported the motion with extensive proof, including Affidavits from several witnesses and “dash cam” video. Upon consideration of the motion and the supporting evidence, the court agreed with Rosy’s argument, and concluded that the evidence clearly showed the decedent’s actions were the proximate cause of the fatal crash and that the Defendant was not negligent. As a result, the court granted the motion for summary judgment and thereby dismissed the Plaintiff’s Complaint in its entirety.