Fulmore v. Howell

STROUD, Judge.

Plaintiff appeals summary judgment order granting defendants’ motion for summary judgment based upon the doctrine of sudden emergency. For the following reasons, we affirm.

I. Background

Plaintiff, the administrator of the estate of Priscilla Maultsby, filed a complaint alleging defendants were liable for Ms. Maultsby’s death. Plaintiff alleged that defendant Gregory “Howell was an agent or employee” of defendant PFS Distribution Company, Inc., (“PFS”) when he was driving a tractor trailer truck “owned, rented or leased” by defendant PFS which collided with Ms. Maultsby’s vehicle.…