The moving party, a defendant in multiple actions arising from a fatal motor vehicle collision, brought a motion for summary judgment seeking dismissal of the claims against him.
The collision occurred when the respondent lost control of his vehicle while attempting to pass and crossed into the moving party's lane.
The moving party relied on expert evidence suggesting his reaction time was within normal limits, while the respondents relied on expert evidence arguing he braked late.
The court dismissed the motion, finding that the conflicting expert evidence and its admissibility required a full trial with viva voce evidence and cross-examination to justly determine liability.
