DocketNumber: No. CV94-0365833S
Citation Numbers: 1995 Conn. Super. Ct. 6821, 14 Conn. L. Rptr. 470
Judges: SILBERT, JUDGE.
Filed Date: 6/5/1995
Status: Non-Precedential
Modified Date: 4/17/2021
The plaintiff filed a motion for summary judgment as to liability only along with a memorandum of law, her affidavit and the police report concerning the accident. The plaintiff attests that her vehicle was stationary when she was hit from behind by the defendant and that the impact propelled her vehicle into the CT Page 6822 lane of an oncoming vehicle. The defendant submitted a memorandum in opposition to the plaintiff's motion for summary judgment but did not submit any supporting documentation to refute the plaintiff's affidavit.
"Pursuant to Practice Book Section 384, summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Suarez v. Dickmont Plastics Corp.,
The defendant correctly argues that, as a general rule, summary judgment is "especially ill-adapted to negligence cases, where . . . the ultimate issue in contention involves a mixed question of fact and law." Michaud v. Gurney,
The particular facts of this case are that the plaintiff's vehicle was stationary, and the defendant's vehicle negligently struck her vehicle from behind. The defendant failed to offer evidence to controvert the plaintiff's allegations of negligence. Nor does he allege that the plaintiff or some other person was negligent. In this particular case, there are simply no facts in dispute, and no reason to deny summary judgment as to liability only. Accordingly, the plaintiff's motion for summary judgment as to liability is granted. CT Page 6823
Jonathan E. Silbert, Judge