Auto negligence; Summary disposition before the completion of discovery; Ordinary care in operating a motor vehicle; Jenkins v Bentley; Personal representative (PR)

The court held that nothing suggested that further discovery would stand a fair chance of uncovering factual support for plaintiff-PR’s position, and her claim that discovery was premature was meritless. Also, there was no question of material fact that defendant-Salvaggio was not negligent in his operation of the motor vehicle, and the trial court properly granted summary disposition to defendants. Plaintiff argued that the trial court erred by granting defendants’ summary disposition motion before the close of discovery. The parties did not dispute that all the fact witnesses “had been deposed and that the video-recording of the accident fully depicted what happened.” But plaintiff contended that “summary disposition was premature because she had yet to obtain ‘expert analysis of what Salvaggio could see, whether [decedent-B’s] body was visible, and other key facts in the negligence analysis.’” However, plaintiff offered “no independent evidence to suggest that these were disputed material issues.” Rather, she relied “on mere assertions that these issues were in dispute, and bases that assertion on apparent speculation that unspecified experts would testify to that.” Further, the court held that defendants “presented sufficient evidence to establish that Salvaggio exercised ordinary and reasonable care and caution in his operation of the truck. The video shows that, while [B] was sleeping underneath the back-passenger tires of the truck, Salvaggio came out to the truck and got in the driver’s side. Salvaggio averred that he checked the mirrors and the traffic on the nearby street behind him, but did not see [B] at any time. Salvaggio then put the truck into reverse, and the video shows the truck reversing, seemingly running over [B] who was asleep under the back-passenger tires, then pulling forward. [B’s] body becomes visible in the video as the truck moves forward into the parking lot.” The video then showed “the truck stop, and Salvaggio gets out and goes to [B]. After a brief moment, Salvaggio runs into the store, and 911 received a call from Salvaggio shortly thereafter. This evidence clearly established that Salvaggio was not negligent in his operation of the truck. In response, plaintiff did not produce any evidence tending to suggest that Salvaggio failed to exercise ordinary and reasonable care and caution in his operation of the truck.” Affirmed.