The defendant estate moved for summary judgment in a motor vehicle accident claim, arguing that the deceased owner could not have been driving the offending vehicle and had not consented to anyone else possessing it.
The plaintiff's insurer opposed the motion, presenting hearsay evidence that the owner's son had previously driven the car and may have had implied consent.
The court dismissed the motion, finding that a trial was necessary to assess the credibility of witnesses and determine whether the driver had possession of the vehicle with the owner's consent.
