You are a judge. Melissa has sued Ken claiming that, while Ken was intoxicated, he negligently drove his care down Melissa's street and destroyed rare trees on a lot that Melissa owns, next to her home. Melissa's complaint stated that three witnesses at a bar saw Ken take at least ten drinks less than an hour before the damage was done. In Ken's answer to the complaint, he denied causing the damage and denied being in the bar that night. Ken's lawyer has moved for summary judgment. He proves that three weeks before the alleged accident, Melissa sold the lot to Terry. Melissa's lawyer opposes summary judgment. He produces a security camera tape proving that Ken was in the bar, drinking alcohol, 30 minutes before the damage was done. He produces a signed statement from Sally, a landscape gardener who lives across the street from the scene. Sally states that she heard a crash, hurried to the windows, and saw Ken's car weaving away from the damaged trees. She estimates the tree damage at $30,000 to $35,000. How would you rule on the motion for summary judgment?