The only difference in testimony is that plaintiff claims he never moved forward after coming to a stop at the light.
Defendant says there is a question of credibility that prevents summary judgment.
There is no evidence to show any fault on the part of plaintiffs. Defendant admitted traffic was heavy. His admission that his attention was distracted by something he can't recall while he was moving in heavy traffic and his inability to indicate that plaintiff's stopping was unjustified is enough even under his version to justify summary judgment. The motion for summary judgment on the counterclaim is granted. No costs to any party.