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Jones v. Holland

Genuine issues of material fact remained as to the defendant's negligence in failing to slow down or stop his vehicle when he was blinded by the sun and unable to see the roadway ahead of him, resulting in the defendant slamming his truck into the plaintiff's tractor.

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Raymond Jones filed a complaint against Harry Holland, Jr., for damages arising from a motor vehicle collision. The trial court granted summary judgment to Holland, finding no evidence of negligence by Holland. Jones appeals, challenging the grant of summary judgment. Because a review of the record reveals that there exist genuine issues of material fact as to Holland’s negligence, we reverse.

On appeal from the grant of summary judgment, we construe the evidence most favorably towards the nonmoving party, who is given the benefit of all reasonable doubts and possible inferences. The party opposing summary judgment is not required to produce evidence demanding judgment for it, but is only required to present evidence that raises a genuine issue of material fact. Our review of the grant or denial of a motion for summary judgment is de novo.

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