Torts Keyed to Goldberg
Vetter v. Morgan
Facts
While Laura Vetterwas driving alone at around 1:30 a.m., she stopped her van at an intersection. Vetter’s van doors were locked and the windows wereclosed. Suddenly, Dana Gaither arrived in her vehicle with two passengers, Chad Morgan and Jerrod Faulkner, and pulled alongside Vetter. Gaither began to rev the engine and rocked the car back and forth, as Morgan began to make obscene gestures and yell vulgarities at Vetter. Further, Morgan threatened to take Vetter from her vehicle, and he spat on her vehicle’s door. Vetter became extremely scared. The moment the traffic light changed, both vehicles moved forward. Per Vetter’s recollection of the event, Gaither abruptly swerved into her lane, which caused herto swerve in response and hit the curb. Due to the impact abrupt actions, Vetter’s head hit the steering wheel and she landed on the floor of the vehicle. Later, both, Gaither and Morgan, denied swerving into Vetter’s lane. Morgan alleged his conduct was not done to intentionally scare Vetter. Instead, Morgan claims he was just amusing his friends and did not take into account Vetter’s feelings. Vetter brought suit against Gaither and Morgan for assault and negligence. Vetter entered into a settlement agreement with Gaither, and the trial court granted Morgan’s motion for summary judgment. Vetter appealed.
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