The appellant, the estate of Celina Carroll, appealed an interlocutory order dismissing its motion for summary judgment.
The central issue was whether the driver of the vehicle had express or implied consent to possess it at the time of the motor vehicle accident.
The Divisional Court held that while the driver's discovery transcript was admissible, the deceased owner's transcript was not admissible on the motion.
The court upheld the motion judge's finding that the issue of consent could not be determined on the record without a trial and dismissed the appeal.
