The plaintiff motorcyclist brought a motion for partial summary judgment on the issue of liability following a motor vehicle accident.
The defendant driver had made a sudden left turn into the plaintiff's path of travel.
The court applied the summary judgment framework and utilized its fact-finding powers to resolve conflicts in the affidavit evidence.
The court found the defendant solely liable for the accident, concluding he failed to ensure the turn could be made in safety and failed to see the plaintiff who was there to be seen.
The court found no contributory negligence on the part of the plaintiff.
