Summary judgment reversed as causation remained in dispute in subrogation action.
Reyes brought this appeal following the trial court’s granting of summary judgment in favor of GEICO in a subrogation action the carrier had brought against Reyes arising from an automobile accident. In moving for summary judgment, GEICO argued there was a dispute of material facts because Reyes failed to present any affirmative defense; therefore, the trial court could not consider any matter outside the truth of the allegations contained in GEICO’s complaint. However, of note, the only evidentiary support proffered by GEICO in support was an affidavit of indebtedness. After Reyes did not respond to GEICO’s motion for summary judgment, a hearing was conducted where the trial court granted summary judgment in GEICO’s favor. Reyes appealed the summary judgment, arguing there were material facts in dispute and that GEICO failed to provide proof that Reyes was liable for the accident.
The Third District Court of Appeal agreed with Reyes. In reversing the summary judgment, the Third District noted that, while GEICO had alleged in its complaint that Reyes caused the accident, Reyes in his answer to the complaint denied same, thus, placing causation at issue. With causation at issue from the pleadings, GEICO’s failure to present any additional evidentiary proof establishing Reyes’s liability for the accident meant the issue of causation remained in dispute.
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