Case: Summary Judgment Granted to Driver of Car Hit in Rear with Passengers
Counsel: David Owens & Mary B. Dolan Roche
Result: Summary Judgment Granted
The plaintiffs were passengers in a motor vehicle operated by our client. The vehicle was struck in the rear by the co-defendant while stopped at a red light. MSD moved for summary judgment prior to the commencement of discovery. MSD submitted an affidavit of our client providing his account of the incident. In opposition, the co-defendant failed to submit any evidence to contradict our client’s account of the accident. The Court granted our motion holding that our client’s affidavit was sufficient to establish a prima facie case of negligence. The Court also noted that the co-defendant failed to demonstrate that discovery might lead to the discovery of facts exclusively within the control of the plaintiff.