Reese v. Sanders

Smith, Judge.

This appeal arises out of an automobile collision in which an automobile, owned by appellee and driven by her nephew, collided with an automobile owned and driven by appellant. Appellee brought suit against appellant for property damage to her automobile. Appellant filed a counterclaim against appellee based upon the theory that appellee’s nephew was acting as appellee’s agent at the time of the collision. Appellee., moved for summary judgment on the counterclaim, asserting that, as a matter of law, appellee’s nephew was not appellee’s agent. The trial court granted the motion.…