INSURANCE LAW: Plaintiff failed to establish UIM claim based upon alleged unidentified vehicle leaking fluid on roadway

The plaintiff alleged that she encountered oil on the roadway which had leaked from another vehicle, causing her to lose control of her vehicle.  In opposition to the insurer’s motion for summary judgment, the court finds that the plaintiff failed to come forward with any evidence to establish that there was in fact oil on the roadway.  The plaintiff’s own deposition testimony reporting that a State worker told her that there was oil on the roadway was held to be hearsay and inadmissible.  Summary judgment granted in favor of insurer.

Gravel v. Middlesex Mutual Assur. Co., CV15-6028550 (7/18/17).