Mason v. Armstrong

Bell, Chief Judge.

This case comes before us on the denial of defendant’s motion for summary judgment which was certified for direct appeal.

Plaintiff seeks to recover for the wrongful death of her son arising out of an automobile collision in which the defendant was the operator and the plaintiff’s son was a passenger. Defendant, in both his affidavit and deposition, stated that the deceased was drunk at the time of entry into the automobile. Defendant admitted drinking intoxicants but claimed that he had control of all his faculties.

Defendant contends that he is entitled to judgment as a…