Answer: the correct answer is (i) his own sworn affidavit, which stated that the traffic signal was green as he entered the intersection. The court should grant the plaintiff's motion. If a party fails to support an assertion of fact or fails to properly address another party's assertion of fact, the court may consider the fact undisputed for purposes of the motion, grant summary judgment if appropriate, give the party an opportunity to address the fact, or issue any other appropriate order. Here, the plaintiff came forward with affidavits supporting his contention that the light was red when the defendant entered the intersection. The defendant here must counter those affidavits with her own or risk summary judgment being entered against her.
Explanation: (ii) is incorrect because, in a summary judgment motion, a party may not rest on pleading allegations (save for the limited exceptions when the pleading is verified or when the pleadings show a material fact is not in dispute). (iii) is incorrect. Although the plaintiff bears the initial burden of coming forward with evidence, the plaintiff has done so here by presenting affidavits on the issue.
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