On June 6, 2018 Russell Fackler was walking up the entrance ramp of Liberty Expressway in Albany, Georgia when he walked in to the path of Defendant Joel White’s truck. A collision occurred between Mr. White’s vehicle and Mr. Fackler, unfortunately killing Mr. Fackler. The investigating police officers found that Mr. Fackler had walked in to the path of Mr. White’s vehicle and found Mr. Fackler at fault for the collision. The father of the deceased brought a wrongful death suit against Mr. White, alleging that he was negligent for failing to yield the right of way to a pedestrian and maintain his lane.
Samantha Mullis moved summary judgment arguing that the plaintiff failed to produce any evidence that Mr. White had violated the rules of the road. In response, Plaintiff attempted to create a question of fact as to the deceased’s location at the time of the collision and that Mr. White had looked back to ensure there was no oncoming traffic at the yield sign to the entrance ramp failing to see the deceased. In the Defendant’s Reply Brief, Katherine Barton continued to reiterate there was no evidence showing Mr. White was negligent except Plaintiff’s mere speculation. Ms. Barton further argued that the deceased failed to exercise due care for his own safety by being intoxicated and should not have been on any roadway under Georgia law. James Hankins argued Defendant’s Motion at oral argument before Judge Sizemore in Lee County Superior Court, who granted Defendant’s motion.
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