You are the judge. Alex is suing Tony claiming that while Tony was drunk he negligently drove his car into Tony'sparked car and completely destroyed Alex's car. Alex complaint states there are 3 witnesses who saw Tony have at least 8 drinks less than an hour before the damage was done. Tony's answer denied causing the damage and denied being in the bar.

Tony's lawyer moves for summary judgment. He proves that Alex had sold the car three weeks prior to the accident.

Alex lawyer opposes summary judgment. He has security tapes showing Tony was in the bar drinking 30 minutes before the accident. He also has a signed statement from a neighbor who saw Tony hit Alex's car.

HOW WOULD YOU RULE ON THE MOTION?