DeMaio v. Ciccone
Annotate this CaseA motor vehicle collision involving Plaintiff and Defendant occurred when Plaintiff was riding his motorcycle and Defendant was driving a car belonging to his girlfriend. Plaintiff filed a complaint against Defendant and his girlfriend, alleging that Defendant had been negligently operating the car at the time of the collision. Defendants filed a motion for summary judgment, contending that the incident was in actuality a rear-end collision caused by Plaintiff. The superior court granted Defendants' motion, concluding that Plaintiff had struck the car from the rear. The Supreme Court reversed, holding that there was sufficient conflicting evidence on the issue of negligence for this case to be submitted to a fact-finder.
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