Recently, a state appellate court issued a written opinion in a personal injury case discussing an important and frequently misunderstood issue that commonly arises in Virginia car accident cases. The case required the court determine whether a plaintiff’s claim against an employer could proceed towards trial despite direct evidence that the employee was not engaged in work-related activities during the accident.
Ultimately, the court concluded that a plaintiff must provide actual evidence to rebut direct evidence to survive a summary judgment challenge and merely questioning the credibility of the defendant’s witness is not sufficient to give rise to a disputed fact.
The Facts of the Case
According to the court’s recitation of the facts, the plaintiff was injured in a car accident that occurred when another motorist struck her vehicle. The other driver was on the phone at the time of the accident, speaking with a friend from work.