In the present case, respondents were required to establish that Ms. Wilson was guilty of contributory negligence as a matter of law. The Steinbachs, as respondents' affiants, averred that Ms. Wilson was negligent in her driving and that this negligence was the proximate cause of the accident. Petitioners' legal counsel merely denied the allegations of negligence and proximate cause and set forth no facts to contravene the Steinbach affidavits.
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