The third party moving parties sought summary judgment dismissing allegations of contributory negligence arising from a motor vehicle collision at an intersection where the opposing driver failed to yield at a stop sign.
The responding defendants argued that issues of speeding and failure to keep a proper lookout created a genuine issue requiring trial.
The court reviewed the discovery evidence, witness testimony, and the defendant’s guilty plea to failing to yield.
It concluded there was no evidence supporting contributory negligence by the driver who had the right of way and that the collision was unavoidable from his perspective.
Summary judgment was granted in favour of the moving parties.
