摘要:Defendant/Appellant Kathryn Garrett
(Garrett) seeks review of the trial court’s order
granting the motion for summary judgment of
Plaintiff/Appellee Equity Insurance Company
(Equity) on its claim for a declaratory judgment.
In this accelerated review proceeding,
Garrett challenges the trial court’s order as
affected by errors of both fact and law.
.2 According to Garrett, Defendant Max
Kevin Hull (Hull) shouted profanities, gestured
obscenely, and attempted to induce a
collision between their respective vehicles during
an apparent episode of road rage. Fearing
for her safety, Garrett called her husband,
Jason, by cell phone. When Jason came to his
wife’s assistance, a fight between Jason and
Hull ensued. Fearing for her husband’s safety,
Garrett attempted to stop the altercation by
bumping Hull with her vehicle. According to
Garrett, she was only trying to stop the fight
and had no intent to injure Hull.