The defendant driver brought a motion for summary judgment seeking dismissal of the action against him following a motor vehicle collision involving an unidentified vehicle that turned left across his path.
The plaintiff was a passenger and also sued his insurer under unidentified automobile coverage.
The insurer brought a cross-motion arguing that the driver was at least partially negligent, which would negate the insurer’s liability.
Applying Rule 20 of the Rules of Civil Procedure, the court found no genuine issue requiring a trial and concluded that the driver failed to exercise reasonable care in poor visibility and slippery winter road conditions.
The court held the driver was at least 1% liable for the collision and dismissed the claim against the insurer.
