The insurer moved for summary judgment dismissing an action under unidentified motorist coverage arising from a highway collision with a guard rail.
The court held that the written record was sufficient to determine the material issues under Rule 20 and that there was no genuine issue requiring a trial.
The plaintiff's own accounts of the accident were internally inconsistent, the passenger provided no evidence, and the investigating officer observed no damage or evidence of contact on the tractor-trailer identified at the scene.
The court found the evidence equally consistent with the plaintiff having lost control through fatigue, speed, weather, and an unsafe lane change, and concluded the plaintiff failed to prove on a balance of probabilities that an unidentified driver was involved or at fault.
Summary judgment was granted dismissing the claim under the OAPI and OPCF-44R.
