2 total
The court granted summary judgment dismissing negligence claims against a driver who reasonably reacted to a sudden head-on collision hazard.
The defendant Phillip Franchetto brought a motion for summary judgment to dismiss negligence claims against him arising from a head-on motor vehicle collision.
The plaintiffs, passengers in the other vehicle, alleged Franchetto was negligent for his speed and evasive maneuvers.
The court dismissed the motion, finding that Franchetto's actions were reasonable and did not breach the standard of care, nor were they a legal cause of the plaintiffs' injuries.
The court emphasized that expert opinions based on hindsight and counterfactuals cannot supplant the legal standard of a reasonable and prudent driver in an emergency.
Summary judgment denied where conflicting evidence existed about store maintenance and inspection practices.
The defendants brought a motion for summary judgment dismissing a personal injury action arising from a slip and fall in a grocery store produce section.
The plaintiff alleged she slipped on water and/or ice originating from broccoli displayed on crushed ice.
The defendants argued they maintained a reasonable inspection and maintenance system and that the area had been inspected minutes before the fall.
The court held that conflicting evidence regarding the store’s drainage system, staff training, and compliance with inspection procedures created genuine issues requiring a trial.
The motion for summary judgment was therefore dismissed.
