The plaintiff sustained injuries in a motor vehicle accident and commenced an action for damages against the driver of the vehicle in which he was a passenger at the time (among others). That driver was going through an intersection when he collided in a T-bone fashion with another defendant’s vehicle, which had failed to stop at a stop sign. The driver of the vehicle that carried the plaintiff brought a motion for summary judgment. Justice George granted summary judgment, and dismissed the action as against that driver. He found it to be an appropriate case for partial summary judgment to be allowed as the moving defendant met the test and objectives outlined in Hryniak. Justice George found that there was nothing the moving defendant could have done to avoid the consequences of the other defendant driver’s negligent driving, and that a reasonable driver would not have done anything differently. There would be no better evidence at trial because the other defendant driver had no recollection of the facts of loss.
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