Simmons

Simmons v. Liberty Mutual Fire Ins. Co.

Good Law
United States District Court, Eastern District of CaliforniaAugust 15, 20232:21-cv-02215California5,648 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 XENIA SIMMONS, et al., No. 2:21-cv-02215-TLN-DMC Plaintiffs, v. ORDER LIBERTY MUTUAL FIRE INSURANCE

COMPANY,

15 Defendant.

17 This matter is before the Court on Defendant Liberty Mutual Fire Insurance Company’s (“Defendant”) Motion for Summary Judgment. (ECF No. 19.) Plaintiffs Xenia Simmons (“Simmons”), Arthur Rotter, Gene Rotter, Danielle Rotter, and Kellyanne Rotter (collectively, “Plaintiffs”) filed an opposition. (ECF No. 25.) Defendant filed a reply. (ECF No. 31.) For the reasons set forth below, the Court DENIES Defendant’s motion. /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND1 On June 20, 2018, Simmons was traveling northbound on East Street in Redding, California when a vehicle driven by Jordan Verdugo (“Verdugo”) made a sudden left turn in front of her in the intersection and crashed into Simmons’s vehicle. (ECF No. 31-2 at 2.) As a result of the accident, Simmons sustained…

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