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MOTOR VEHICLE LAW: Superior Court grants summary judgment as to claims with regard to use of cell phone and recklessness

MOTOR VEHICLE LAW: Superior Court Grants Summary Judgment As To Claims With Regard To Use Of Cell Phone And Recklessness

This claim arose out of a two-vehicle collision that occurred when the defendant driver allegedly crossed the center line, striking the plaintiff’s oncoming vehicle.  The defendant presented evidence that there had been an insect in her car, near the windshield, and that she opened the window to let the insect out, when the accident occurred.

The Superior Court grants summary judgment on the plaintiff’s claim that the defendant was negligent while using an electronic device, as the undisputed facts showed that she was not.  Additionally, the court grants summary judgment on common-law and statutory recklessness claims, holding that the conduct did not rise to the level of the recklessness, relying on a 1930 Connecticut Supreme Court case that held that a momentary distraction by an insect could not reasonably be said to rise to the level of recklessness.

Buckeridge v. Schkeeper, 2017 WL 2803211 (Conn.Super. Vacchelli, J.)(June 1, 2017)