The Town of Milton brought a motion for summary judgment to dismiss a negligence claim by the plaintiffs, who alleged catastrophic injuries from a motorcycle accident caused by a pothole.
The court dismissed the plaintiffs' claim, finding no genuine issue requiring a trial.
The court ruled that the plaintiffs failed to prove non-repair or causation, and that the Town met the minimum maintenance standards for the road.
The motion was not premature despite incomplete discoveries, as the plaintiffs had ample opportunity to pursue discovery.
Costs were awarded to the Town of Milton.
