Daniel Garrison v. GEICO (2009)

CORRECTED MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (# 108)

The Court's function here is issue recognition not issue resolution.   Familiarity with the law recited by the parties is presumed and need not be repeated.   To prevail the plaintiff must show entitlement to summary judgment as a matter of law.   He has failed in his burden of proof.

The general rule that issues of negligence are not susceptible to summary judgment, especially in automobile tort cases, is no less applicable here.   Even if the tortfeasor's statement in the police report that he did not look for pedestrians is admissible, it is not conclusive of the myriad factors the trier of fact must weigh in determining negligence and comparative negligence.   Moreover, the plaintiff's affidavit is conclusory and self-serving.   His credibility is for the trier of fact to determine.

Where a movant has not met his burden of proof an opponent is under no obligation to offer contravening evidence.

Motion denied.

Joseph A. Licari, Jr., Judge

Licari, Joseph A., J.