The plaintiff was a passenger in the rear seat of the defendant Anderson’s vehicle. Anderson’s vehicle was rear-ended by the defendant Yik. The defendant Anderson brought a motion for summary judgment. The plaintiff sought an order ruling that Anderson was at least one percent liable for the collision. Justice Brown held that she could not make the necessary findings of fact on the record to grant summary judgment. While Justice Brown acknowledged the presumption of negligence on a vehicle which rear-ends another vehicle, the court noted that several inconsistencies arose at examinations for discovery with respect to the mechanics of the accident. The summary judgment motion was dismissed and it was ordered that the action proceed expeditiously to trial.
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