Ex parte Kelly Martin Lucas.
Annotate this CaseDefendant Kelly Lucas applied for mandamus relief, requesting that the Alabama Supreme Court direct Shelby Circuit Court to vacate its December 7, 2015, order denying her motion for a summary judgment and to grant the motion. This application arose out of the court case surrounding two related automobile accidents in 2011: in the first, Megan Gragg failed to stop her vehicle and allowed the front bumper of her vehicle to collide with the rear bumper of Diana McKee's vehicle. Shortly thereafter, in the second accident, Lucas failed to stop her vehicle and allowed the front bumper of her vehicle to collide with the rear bumper of Gragg's vehicle, which then collided with the rear bumper of McKee's vehicle a second time. All three drivers spoke with the law enforcement officer who responded after the accidents, and the officer later completed two accident reports. McKee sued Gragg, alleging negligence and wantonness in connection with the accidents. Lucas filed an answer to the amended complaint. She denied McKee's allegations and also asserted affirmative defenses, including the expiration of the statute of limitations. After review of the trial court record, the Alabama Supreme Court concluded that Lucas met her burden for mandamus relief, and that the Circuit Court erred in denying her motion for summary judgment. The Court therefore granted Lucas' application and issued the writ. The Circuit Court was directed to vacate its order and enter summary judgment in Lucas' favor.
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