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Summary judgment denied; right-of-way driver may still share liability.
The defendant brought a motion for summary judgment seeking dismissal of a personal injury action arising from a motor vehicle collision at a rural intersection where the defendant had the right of way.
The defendant argued that the plaintiff failed to yield at a stop sign and that no genuine issue required a trial.
The court held that although the defendant had the right of way, that fact alone does not eliminate potential liability where questions remain about speed, reaction time, and the ability to avoid the collision in the prevailing road and weather conditions.
Evidence regarding road conditions, discrepancies in estimated speeds, and gaps in the expert report raised a genuine issue requiring a trial.
The motion for summary judgment was therefore dismissed.
