The defendant brought a summary judgment motion arising from a rear-end motor vehicle collision on the Don Valley Parkway.
The court considered whether the plaintiff could rebut the presumption of negligence that applies where a driver rear-ends another vehicle.
After reviewing affidavit, documentary, and transcript evidence, the court concluded the plaintiff had not rebutted the presumption and had failed to demonstrate any genuine issue requiring a trial.
The evidence established the plaintiff was following too closely and was inattentive to surrounding traffic.
Summary judgment was granted dismissing the plaintiff’s claim.
