brita therese rothman , Plaintiff, v. charles brent bonacorso, Defendant.

Case No.: 18STCV01937

Hearing Date: March 17, 2020

[TENTATIVE] order RE:

MOTION FOR SUMMARY JUDGMENT

Background

Plaintiff Brita Theresa Rothman (“Plaintiff”) filed this action after Defendant Charles Brent Bonacorso (“Defendant”) rear-ended her vehicle. Defendant moves for summary judgment, arguing that he had been stopped behind Plaintiff when a third-party, Stephen Cooper, rear-ended him, pushing his vehicle into Plaintiff. Plaintiff opposes the motion, which is denied.

LEGAL STANDARD

“[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact........