SAMALUK v. DeMARTIS


2000 Mass. App. Div. 46 (2000)

Josephine M. Samaluk v. James J. DeMartis

Massachusetts Appellate Division, Western District.

February 9, 2000.


Attorney(s) appearing for the Case

David Stewart for the plaintiff.

James C. Crowley for the defendant.

Present: LoConto, P.J., Merrigan & Rutberg, JJ.


Rutberg, J.

This is an expedited appeal from the allowance of defendant's motion for summary judgment in a motor vehicle tort case. Defendant's motion is grounded in his assertion that plaintiff could not prove that defendant's putative negligence was the primary cause of the collision which underlies this action. The trial judge concurred with this assertion1 Summary judgment is rarely granted in

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