Omiya v. Castor

The plaintiff appeals the granting by the Trial Court (Gray, J.) of defendant’s motion for summary judgment. The trial court’s action was based on the conclusion that plaintiff’s counter-affidavit, filed in opposition to defendant’s motion for summary judgment, did not comply with RSA 491:8-a in that it did not show “specifically and clearly reasonable grounds for believing that contradictory evidence can be presented at a trial” and, further, did not contain “any contradictory evidence based on [the] personal knowledge” of the plaintiff. RSA 491:8-a, II. We reverse.

On November 5, 1983, the…