Castro v. Brazeau

In challenging a final summary judgment entered in a personal injury action *517arising from an automobile accident, Manuel Castro (“Castro”) contends that material issues of fact remained because of eyewitness testimony to the accident. Castro also argues that the trial court erred in failing to grant a continuance of the summary judgment hearing when he did not produce an expert affidavit to counter the evidence of non-negligence presented by the defendant. We hold that the eyewitness testimony was not competent, admissible evidence to counter the evidence of non-negligence, and the court did…