Albright v. Delta Reg'l Med. Ctr.


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Docket Number: 2002-CA-01717-COA
Linked Case(s): 2002-CT-01717-SCT

Court of Appeals: Opinion Link
Opinion Date: 09-14-2004
Opinion Author: Bridges, P.J.
Holding: Affirmed

Additional Case Information: Topic: Personal injury - Duty driver owes pedestrians
Judge(s) Concurring: King, C.J., Lee, P.J., Myers, Chandler, Griffis and Barnes, JJ.
Concurs in Result Only: Irving, J.
Procedural History: Bench Trial
Nature of the Case: CIVIL - PERSONAL INJURY
Writ of Certiorari: Denied
Appealed from Court of Appeals

Trial Court: Date of Trial Judgment: 11-09-2001
Appealed from: Washington County Circuit Court
Judge: Margaret Carey-McCray
Disposition: JUDGMENT FOR DEFENDANT
Case Number: CI97-0109

  Party Name: Attorney Name:  
Appellant: GARY M. ALBRIGHT AND ALBRIGHT'S TRANSMISSION PARTS AND SERVICE




J. KEITH PEARSON ELIZABETH ROSS HADLEY



 

Appellee: DELTA REGIONAL MEDICAL CENTER JAMES LAWRENCE WILSON F. EWIN HENSON  

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Topic: Personal injury - Duty driver owes pedestrians

Summary of the Facts: Gary Albright brought a personal injury action against the Delta Regional Medical Center, alleging that the Center’s employee was negligent in operating an ambulance by running over his foot and causing him to suffer damages. The court found for the Center, and Albright appeals.

Summary of Opinion Analysis: Albright argues that the driver of an automobile has a paramount duty to keep a lookout for and to avoid striking pedestrians. While it is true that a driver owes pedestrians a duty, that duty is not paramount to the duty owed to others. Where, as here, one operates an automobile on private property, the driver must always exercise ordinary, reasonable or due care toward others. Albright also argues that the driver of the ambulance was negligent as a matter of law, because she saw Albright yet still proceeded forward and ran over his foot. This argument is procedurally barred because Albright has cited no precedent or authority for his contention. Albright finally argues that the driver was negligent because she chose a route that ultimately led her to navigate through a crowd instead of taking an alternative route to the emergency scene. Again, the issue is barred since Albright does not cite precedent.


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