The defendants brought a motion for summary judgment to dismiss the plaintiff's motor vehicle accident claim, arguing the plaintiff was entirely at fault for failing to yield at an intersection where traffic lights were inoperative.
The court found a genuine issue for trial regarding whether the plaintiff stopped before entering the intersection, which required a credibility assessment.
The court declined to use its expanded fact-finding powers under Rule 20.04 due to evidentiary issues, including the parties' failure to cross-examine witnesses on contradictory evidence as required by the rule in Browne v. Dunn, and problems with the plaintiff's expert evidence.
The motion for summary judgment was dismissed.
