The moving defendants sought summary judgment dismissing claims and cross‑claims arising from a motor vehicle collision where a driver turning left collided with an oncoming vehicle and pedestrians were injured.
The court considered whether there was a genuine issue requiring a trial under Rule 20.04 of the Rules of Civil Procedure.
The responding defendant argued the oncoming driver may have contributed to the accident by slowing or failing to keep a proper lookout.
The moving defendants relied largely on unsworn statements and an affidavit from counsel rather than firsthand evidence.
The court held the evidentiary record was insufficient and that a trier of fact could potentially find contributory negligence by the oncoming driver.
