Virgo v. Roberts
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In this case, an automobile repair technician, Donijah Virgo, was injured when his stalled vehicle was hit by a car driven by Heather Michelle Roberts while he was attempting to push it across a road. Virgo sued Roberts for negligence, but the Mobile Circuit Court granted Roberts a partial summary judgment, dismissing Virgo's counterclaim. The Supreme Court of Alabama affirmed the lower court's decision.
In October 2020, Virgo was diagnosing a mechanical problem in a Crown Victoria automobile. The car stalled on a road, and he moved it into a median left-turn lane. After waiting for about 10 minutes for traffic to clear, Virgo attempted to push the car across the road, during which Roberts's vehicle collided with it, resulting in major damage and serious injuries to Virgo.
Roberts sued Virgo for negligence and wantonness and sought uninsured motorist benefits from GEICO Casualty Company. Virgo filed a counterclaim alleging negligence on Roberts's part. After settling the claim against GEICO, Roberts moved for a summary judgment on Virgo's counterclaim, which the circuit court granted.
The Supreme Court of Alabama affirmed the circuit court's decision. The court concluded that Virgo failed to present substantial evidence to raise a genuine issue of material fact regarding his counterclaim, and thus, the circuit court did not err in granting a summary judgment in favor of Roberts.
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