The defendant brought a motion for summary judgment in a motor vehicle collision action, seeking to dismiss the plaintiff's claim on liability.
The motion hinged on witness credibility, with conflicting accounts from the plaintiff, defendant, and a third-party witness.
The court found it could not fairly resolve the central credibility issues on a paper record due to inconsistencies in witness testimonies, the absence of objective evidence (e.g., police investigation, accident reconstruction), and improper limitations on cross-examination of the defendant.
The court also declined to order a mini-trial on liability, citing the potential for bifurcation and increased inefficiency if the plaintiff were to prevail, necessitating a separate damages trial.
Consequently, the motion for summary judgment was dismissed, and the defendant was ordered to pay the plaintiff's costs.
