Rigsby v. Tyre

CHRISTIE, Judge.

This matter is before the Court on a motion for summary judgment by the plaintiff, Mrs. Donna Rigsby, as to the counterclaim filed by the defendant, Mr. John Tyre.

In a motion for a summary judgment, the facts will be construed in the light most favorable to the non-moving party.

At the time of the accident the plaintiff, Mrs. Rigsby, was driving an automobile in which her minor children, Mary (age 5) and Michael (age 3) and her mother, Mrs. Grace Turner, were passengers. While proceeding on State Route 300, near Smyrna, Mrs. Rigsby encountered a severe dust storm which caused…