The moving defendants sought summary judgment dismissing a personal injury action arising from a motor vehicle collision.
The motion judge considered the enhanced summary judgment powers under Rule 20 of the Rules of Civil Procedure and applied the “full appreciation test” articulated in Combined Air Mechanical Services v. Flesch.
Evidence included affidavits, cross‑examinations, and a prior guilty plea by one defendant to disobeying a red traffic signal.
The court held that the plea and consistent witness evidence established that the responding driver entered the intersection against a red light and was solely responsible for the collision.
Finding no genuine issue requiring a trial and no real chance of success against the moving defendants, the court granted summary judgment dismissing the action against them.
