The defendants brought a motion for summary judgment to dismiss the plaintiff's personal injury claim arising from a motor vehicle accident.
The plaintiff alleged she was waved into traffic by a cement truck driver, causing her to collide with the defendant Dalessandro's vehicle.
The court granted summary judgment dismissing the claim against Dalessandro, finding no evidence he breached the standard of care.
However, the court dismissed the summary judgment motion regarding the cement truck driver and owner, finding that conflicting evidence regarding the driver's identity created a genuine issue requiring a trial by jury.