The defendants brought a motion for summary judgment, arguing that the motor vehicle accident was an "inevitable accident" due to the defendant driver suffering a severe anaphylactic shock from an allergic reaction to naproxen (Aleve).
The plaintiff opposed, asserting that genuine issues of fact and credibility required a trial.
The court dismissed the motion, finding that there were complex and highly disputed factual issues, particularly regarding the timing of the anaphylactic reaction, the driver's potential negligence in taking a double dose of medication without reading instructions, and when unconsciousness occurred.
The court determined it could not make the necessary factual findings for a fair and just determination without a full trial, even with enhanced fact-finding powers.
