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A motion for summary judgment by a lead driver in a rear-end collision was dismissed due to conflicting evidence requiring a trial.
The defendant Anderson moved for summary judgment to dismiss the action and crossclaim against her, arguing the motor vehicle accident was solely caused by the co-defendant Yik.
The plaintiff Pagano opposed, seeking a ruling of at least 1% liability against Anderson or, alternatively, a trial to determine and apportion liability.
The court found conflicting evidence regarding the accident circumstances and drivers' actions, making it impossible to make necessary findings of fact or apply the law without a full evidentiary record and credibility assessments.
The motion for summary judgment was dismissed, and the action was ordered to proceed to trial.
