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The affidavit of Kelsey Black, attached hereto as Exhibit A, provides a detailed account of the incident. Kelsey Black observed the Defendant driving while distracted by a cellphone, leading to the collision. In an email exchange dated June 15, 2023, Richard Roe confirmed the extent of the damage and the subsequent steps he intended to take. Specifically, Richard Roe stated:
I will assess the damage when I get home this evning and contact my insurance company
Affadavit of Kelsay Blac|
“I will assess the damage when I get home this
evening and contact my insurance company…”
Exhibit A to Affidavit of Kelsey Black filed
June 12, 2019.
“I will assess the damage when I get home this
evening and contact my insurance company…”
Exhibit A to Affidavit of Kelsey Black filed
June 12, 2019.
Legal Argument Under the doctrine of negligence, the Defendant owed a duty of care to the Plaintiff to operate her vehicle in a safe and attentive manner. By failing to do so, the Defendant breached this duty, resulting in damage to the Plaintiff's property. The evidence, including the eyewitness testimony of Kelsey Black and the Defendant's own actions, clearly establishes this breach.
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