We must determine whether "the competent evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of the non-moving party." Brill, supra, 142 N.J.
Summary judgment should only be granted "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a judgment or order as a matter of law." R. We review the grant or denial of a motion for summary judgment de novo. 520, 540 (1995) and codified in Rule 4:46-2(c), Judge Perri found plaintiff did not establish "a causal nexus between the operation, maintenance or use of a motor vehicle and the happening of the accident." Judge Perri rejected plaintiff's "proposition that the mere fact that a piece of a motor vehicle is found in the roadway necessitates a finding that it came to be there because it fell off of a vehicle." We agree with Judge Perri and affirm substantially for the reasons she expressed in her oral opinion delivered from the bench on November 8, 2013. After reviewing the evidence presented by the parties and applying the well-settled standards established by the Court in Brill v. Perri granted Allstate's summary judgment motion. Plaintiff did not see the tire and rim dislodge or disconnect from any vehicle at any time before the accident. It is undisputed plaintiff was injured when the car she was driving struck an automobile tire and rim that was lying in the northbound lane of Highway 35 in the Borough of Belmar. Plaintiff sought a judicial declaration that she was entitled to uninsured motorist (UM) coverage under her automobile policy. Surin appeals from the order of the Law Division dismissing her declaratory judgment action against defendant Allstate Insurance Company (Allstate).
L-4743-12.Įscandon, Fernicola, Anderson & Covelli, attorneys for appellant (Victor M. On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Docket No.
0 kommentar(er)
