The moving party sought summary judgment dismissing negligence claims arising from a boating accident in which a child riding on an inner tube collided with the moving party’s boat.
The primary operator of the towing vessel had been noted in default, admitting negligence.
The court considered whether there was any evidentiary basis for potential negligence by the moving party and whether the action against him had no reasonable chance of success.
Finding inconsistencies between affidavit evidence and prior sworn testimony about the positioning and movement of the boat, the court held that issues of negligence and causation required a full evidentiary assessment.
Summary judgment was therefore inappropriate and the matter was ordered to proceed to trial.
