Estate of Tuilesu v. Asifoa
Estate of Tuilesu v. Asifoa
Opinion of the Court
Defendants Sosene Asifoa and National Pacific Insurance, seek summary judgment on the ground that the only eye-witness account of the accident, secured by way of deposition, negates plaintiffs’ claim of actionable negligence. Defendants therefore contend the absence of any genuine issue as to material fact. T.C.R.C.P. Rule 56.
In these matters, the non-moving party is to be given the benefit of all reasonable inferences to be drawn on the evidence. Lokan v. Lokan, 6 A.S.R.2d 11 (1989). In this light, we view Officer
The motion for summary judgment is, therefore, denied.
It is so ordered.
We note parenthetically that this observation of the scene was about all that this officer competently deposed to "from personal knowledge," as required by T.C.R.C.P. Rule 56(e).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.