Gennelly v. Leslie

The court on a motion for summary judgment reviews the evidence and its fair inferences in the light most favorable to the non-moving party. In this case where the moving party, the defendant, does not have the burden of proof at trial, summary judgment may be granted when the moving party shows that there is an absence of evidence to support any one element of the case or shows that the proof of any one element is unlikely to be forthcoming at trial. Kourouvacilis v. General Motors Corp., 410 Mass. 706, 714 (1991).

Here we have a 22-year-old plaintiff who on the day of the accident, Thursday,…