In a case before the Pennsylvania Superior Court, the issue on appeal was whether the trial court had properly granted summary judgment in favor of a defendant who was not the driver of the striking vehicle in a car accident lawsuit. In this case, the court reviewed the victims’ allegations that the defendant had failed to deny he was the driver of the vehicle and their contention that the lower court erred in granting summary judgment in his favor.
On September 17, 2011, Bettie Moore and Edna Northcutt were struck from behind while stopped in their vehicle at a red light. An ambulance transported them to the hospital, and the collision was witnessed by the Springfield Police.
The plaintiffs brought their negligence claim against Brendan Gilligan as the driver of the car that struck them, eight days before the statute of limitations was set to expire. After the parties conducted discovery, Gilligan replied he was not the driver involved in the incident, nor did he have personal involvement in the incident. He named his niece, Ashley Jest, as the driver of the striking vehicle. Gilligan filed a motion for summary judgment, which was granted by the trial court.