The defendant, Roman Vasylyovy Karaman, brought a motion for summary judgment to dismiss the plaintiffs' action for damages arising from a car accident that resulted in the death of Denis Kavounov.
The central issue was who was driving the car.
Mr. Karaman, the only survivor, testified he was a passenger and Mr. Kavounov was driving.
The plaintiffs' expert evidence concluded it was not possible to determine who was driving.
The court found no contradictory evidence to Mr. Karaman's direct testimony and concluded there was no genuine issue requiring a trial.
The motion for summary judgment was granted, dismissing the action against Mr. Karaman.