The defendants brought a motion for summary judgment to dismiss the plaintiff's claim and a co-defendant's crossclaim in a motor vehicle personal injury action.
The moving parties relied on an expert report attached to an affidavit from an associate lawyer.
The court gave no weight to the expert report because it was provided via information and belief, depriving the responding parties of the opportunity to cross-examine the expert.
Finding three conflicting accounts of the accident and substantial issues of credibility and reliability, the court concluded there were genuine issues requiring a trial and dismissed the motion.
