Adrian Nicolini

The Town of Milton brought a motion for summary judgment to dismiss a negligence claim by the plaintiffs, who alleged catastrophic injuries from a motorcycle accident caused by a pothole.

The court dismissed the plaintiffs' claim, finding no genuine issue requiring a trial.

The court ruled that the plaintiffs failed to prove non-repair or causation, and that the Town met the minimum maintenance standards for the road.

The motion was not premature despite incomplete discoveries, as the plaintiffs had ample opportunity to pursue discovery.

Costs were awarded to the Town of Milton.

The plaintiff sued his sisters-in-law for defamation based on a document alleging a preposterous sexual proposition and inappropriate behavior.

The defendants were noted in default.

The court dismissed the action, finding that the statements were not defamatory in the eyes of a reasonable person, given the context of a family dispute, and that the plaintiff's reaction was disproportionate.

The court also expressed doubts about the publication of the statements due to reliance on inadmissible hearsay and the plaintiff's credibility.

The respondent was injured in a motor vehicle accident when the pickup truck he was a passenger in went through a red light and was struck by a transport truck going through a green light.

The jury found the driver of the pickup 95% liable and the driver of the transport truck 5% liable.

The appellants (the transport truck driver and owners) appealed, arguing the jury verdict was unreasonable, the trial judge misdirected the jury on causation, and there was improper cross-examination.

The Court of Appeal dismissed the appeal, finding evidence supported the jury's conclusion that a reasonably prudent driver should have been aware of the hazard, the jury charge was not in error when read as a whole, and the improper cross-examination was not serious enough to undermine trial fairness.