1998 Ct. Sup. 2554
No. CV95 0148444 SConnecticut Superior Court, Judicial District of Stamford-Norwalk at Stamford
March 12, 1998
MEMORANDUM OF DECISION RE: MOTION FOR SUMMARY JUDGMENT
D’ANDREA, J.
“Although the moving party has the burden of presenting evidence that shows the absence of any genuine issue of material fact, the opposing party must substantiate its adverse claim with evidence disclosing the existence of such an issue.” Haesche v. Kissner, 229 Conn. 213, 217, 640 A.2d 89 (1994). “The existence of the genuine issue of material fact must be demonstrated by counteraffidavits and concrete evidence.” 2830 Whitney Avenue CT Page 2555 Corp. v. Heritage Canal Development Associates, Inc., 33 Conn. App. 563, 567, 636 A.2d 1377 (1994).
In the present case, the defendants fail to submit any sort of opposition, evidence, or counteraffidavits to rebut the plaintiff’s motion. According to the affidavit and documents in support of the plaintiff’s motion, the defendant Rua attempted to stop at a stop sign, but was unable to do so before entering the intersection and colliding with the plaintiff. In absence of evidence to the contrary, the collision was solely a result of the defendant Rua’s negligence.
The plaintiff’s motion for summary judgment is granted, as to liability only.
So Ordered.
D’ANDREA, J.