The plaintiff was involved in a rear-end motor vehicle collision after an unidentified school bus spun out of control on the highway.
The plaintiff sued the unidentified driver and his own insurer under the unidentified motorist coverage.
The insurer brought a motion for summary judgment to dismiss the action, arguing the plaintiff was solely responsible for the collision.
The court dismissed the motion, finding the plaintiff established a prima facie case of negligence against the bus driver that required a trial.
The court also declined to use its expanded fact-finding powers under Rule 20.04(2.1) because the plaintiff had served a jury notice, and it was in the interests of justice to preserve the right to a jury trial.
