Martinez v. Metzgar

OPINION

EASLEY, Chief Justice.

Metzgar sued Martinez for personal injuries sustained in an automobile accident. The trial court granted summary judgment in favor of Martinez. The Court of Appeals reversed the decision of the trial court. We granted certiorari, and we reverse the Court of Appeals.

We discuss whether the factually-unsupported opinion testimony of a passenger in the pickup that Martinez, the driver, “may have” or “could have” fallen asleep constitutes sufficient evidence by itself to create a genuine issue of material fact that would defeat a motion for summary judgment.

Martinez…