Torts Keyed to Dobbs
Upchurch v. Rotenberry
In October 1992 Teresa Rotenberry was driving a car in which Timothy Upchurch was the sole passenger. Rotenberry lost control of the vehicle, veered off the road, and struck a tree. Upchurch dies from resulting injuries. Rotenberry was the only witness. She claimed that a large animal had darted in front of her car, causing her to lose control. A jury concluded that Rotenberry’s explanation was factual and thus found in defendant’s favor.
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