DocketNumber: No. CV 89 0259535
Citation Numbers: 1992 Conn. Super. Ct. 1715
Judges: LEWIS, JUDGE
Filed Date: 2/10/1992
Status: Non-Precedential
Modified Date: 4/17/2021
In support of his motion, the plaintiff submitted his affidavit indicating that he was cautiously slowing down in response to traffic ahead of him on I-95 in Westport when his car was suddenly and without warning struck from behind by the Agudelo vehicle. A police accident report was also submitted CT Page 1716 in which the officer quoted the plaintiff as saying he had to "stop suddenly for slowing traffic." The officer also quoted the defendant Agudelo as saying that the plaintiff "had come to a complete stop, so suddenly, he could not stop in time enough to prevent striking the vehicle."
The criteria for the granting of summary judgment were reiterated just recently by the Appellate Court in Cummings Lockwood v. Gray,
In opposition to the motion for summary judgment, defendant Agudelo submitted an affidavit indicating that "Suddenly and without warning, Mr. Elliott stopped his vehicle in front of me. I hit my brakes and slowed down but could not avoid the accident."
Summary judgment is inappropriate in this case because defendant's affidavit creates a genuine issue of material fact as to whether the plaintiff slowed down suddenly and without warning, or whether the defendant was following too closely under all the circumstances.
Accordingly, the plaintiff's motion for summary judgment dated October 18, 1991 is denied.
So Ordered.
Dated at Bridgeport, Connecticut this 10th day of February, 1992.
WILLIAM B. LEWIS, JUDGE