The moving defendants sought summary judgment dismissing the action arising from a fatal motor vehicle collision on the Gardiner Expressway.
The evidence, including a collision reconstruction report and witness statements, indicated that another driver lost control, changed lanes abruptly, and struck the moving defendants’ vehicle while speeding.
The court found no evidence that the moving defendants breached the standard of care of a prudent driver.
Applying the summary judgment principles articulated in Hryniak v. Mauldin, the court concluded that the evidentiary record permitted the necessary factual findings and legal determinations.
The claim against the moving defendants was dismissed and costs were awarded.
