The plaintiffs brought an action for damages arising from a motor vehicle accident involving a BMW registered to the moving party.
The moving party brought a motion for summary judgment seeking a declaration that he was not the owner of the BMW, arguing his identity had been stolen and used to fraudulently register the vehicle and obtain insurance.
The court granted the motion, finding no genuine issue requiring a trial.
The court accepted the moving party's evidence that he never purchased, owned, or registered the vehicle, nor applied for insurance, thereby rebutting the presumption of ownership under the Highway Traffic Act.
