In Curtiss v. Ellery (2019AP1088), the Court of Appeals District IV found that the defendant did not establish there were no issues of material fact, so the plaintiff’s negligence claim could proceed.

Plaintiff Curtiss was injured on a bus driven by Ellery and filed this lawsuit claiming negligence. Ellery moved for summary judgement arguing that Curtiss’s pre-existing medical condition caused her injuries and Curtiss failed to offer expert testimony that Ellery’s negligence was the cause of the injuries.

The court agreed with Curtiss that there were disputed issues of material fact as to whether Ellery’s negligent driving caused Curtiss’s injuries, precluding summary judgment. A jury could reasonably infer from the testimony Curtiss did provide that Ellery’s negligence in driving at an unsafe speed was a factor in Curtiss’s injuries. Therefore, the court denied summary judgment and remanded to the lower court for further proceedings.