Following a three‑vehicle rear-end collision, the middle driver and the corporate owner of the vehicle sought summary judgment dismissing a co‑defendant driver’s crossclaim for contribution and indemnity.
The uncontested evidence established that the moving party’s vehicle had been stopped at a red light for several seconds before being struck from behind and pushed into the plaintiff’s vehicle.
The responding party relied primarily on an affidavit from counsel asserting potential issues for trial.
The court held that lawyers’ affidavits generally do not provide admissible evidence of “specific facts” required under Rule 20.02 of the Rules of Civil Procedure and cannot substitute for firsthand evidence.
Finding no evidence capable of establishing liability against the moving party, the court granted summary judgment and dismissed the crossclaim.
