rred. Defendant further alleged that he had been driving only five miles an hour and had made no sharp turns.
Did the lower court act properly in granting DefendantÆs motion for summary judgement? (Were there no issues of material fact that could have led to a verdict for Plaintiff to be decided in the lower court?)
No, the lower court did not act properly in granting summary judgement because there were issues of material fact to be decided.
Defendant did not adequately show that Plaintiff was incompetent to testify as to the facts surrounding her injury. The testimony of Dr. Hadden was vague, and that of the other doctors did not address the issue of whether Plaintiff was competent at the time of trial. Rather, their testimony regarded Plaintiffs condition soon after the accident. Furthermore, DefendantÆs argument that Plaintiff is not a reliable witness regarding the facts surrounding the accident goes to her credibility, not her competency. Credibility is a matter for the finder of fact to determine, not for
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