This personal injury action arises from a motor vehicle accident that occurred when the defendant vehicle crossed into an oncoming traffic lane and struck the plaintiff vehicle. The defendants brought a motion for summary judgment seeking dismissal of the action on the grounds that the defendant driver could not have avoided the accident because she suffered severe anaphylactic shock caused by an allergic reaction to Aleve taken a short time before the collision. Justice Ricchetti dismissed the motion, holding that there were credibility and factual issues which could not be determined on a summary judgment motion and therefore required a trial. Justice Ricchetti noted that there was considerable evidence filed on the motion, and some if it (including medical evidence) was conflicting. The liability issues were complex and highly disputed by the experts, and the essential findings of fact required to make a decision on the inevitable accident defence could not be made in the context of the summary judgment motion.
