The defendant driver brought a motion for summary judgment to dismiss the plaintiff's personal injury claim and the co-defendant municipality's crossclaim arising from a motor vehicle collision.
The plaintiff, who had a stop sign, entered the intersection and was struck by the defendant, who had the right of way.
The court found the plaintiff's expert report unreliable because it assumed the plaintiff stopped 14 meters back from the intersection, which was contrary to evidence and common sense.
The court concluded there was no genuine issue requiring a trial, as the defendant had no reasonable opportunity to avoid the collision, and granted the motion.
