Kennedy V. Fuller Case Brief Summary

○ Facts: The insured defendant, Steven Fuller was in Alexander City, Alabama at an event his mother was hosting at her office, where she is a director for the United Way. Mr. Fuller had left the event and was returning to his home in Verbena, Alabama. He was traveling west on U.S. Highway 280 and traveling in the left hand lane. He spotted a Taco Bell, and attempted to cross the right lane and turn into the parking lot. He failed to see the plaintiff’s vehicle in the right hand lane and Mr. Fuller’s vehicle side swiped the plaintiff’s vehicle. Mr. Fuller said no one appeared hurt at the scene, and the accident report does not list anyone as having been transported via ambulance. The plaintiff is a girl estimated to be about 20 years old. She reacted very negatively when she first got out of her car, but calmed down after Mr. Fuller excepted responsibility for the accident and asked her if she was okay. ○ Liability: This is a case of clear liability as the insured defendant failed to yield the right-of-way to the plaintiff’s vehicle in the right lane. …show more content…
She was seen at Russell Medical Center in Alexander City three (3) days after the accident. She was diagnosed with muscle strain and given discharge instructions for a headache. There is no further indicator of additional treatment. Medical records indicate possible insurance coverage by Aspirion. ○ Damages: The plaintiff’s claim of damages seems to be more centered around “lost wages” than for her medical treatment there is a letter in the file from the plaintiff’s attorney stating the cause of the plaintiff’s vehicle was damaged in the accident, she was unable to get to work and lost her job. After that, due to her lack of transportation, she was unable to find another job. The plaintiff has listed damages in her demand packet of $31,000.00, but the reasoning behind that calculation is anything but