Justice F. Dana Winslow
Sanchez moved for partial summary judgment on the issue of liability in this personal injury action, seeking damages for injuries sustained between his vehicle and that of Bruno. Sanchez claimed the accident was a rear-end collision caused solely by Bruno’s negligence. Bruno argued issues of fact existed if Sanchez negligently caused or contributed to the accident. Sanchez claimed he stopped at an intersection to permit an emergency fire truck to pass in front of him and was hit by Bruno from the rear after being stopped for nearly 10 seconds. Bruno argued he was traveling at approximately 25 miles per hour and was two or three car lengths behind Sanchez, who stopped suddenly, without warning, for no reason, stating he never heard or saw an emergency vehicle. The court noted the facts asserted were in direct conflict with one another, stating if Sanchez was believed, then his conduct might not be culpable. Yet, if Bruno was believed, Sanchez’s inexplicable stop might be evidence of negligence sufficient to defeat summary judgment. However, as such issues of fact existed, the question of Bruno’s negligence was left to a jury, and summary judgment was denied as inappropriate.