Gauck v. Meleski

GEWIN, Circuit Judge:

The question presented for decision in this diversity-personal injury action is whether the district court properly determined that the affidavits and exhibits filed by both parties in connection with the defendant’s motion for summary judgment revealed no genuine issue of material fact which would warrant submission of the case to a jury.

The controversy arose out of a collision between two trucks in which plaintiff’s decedent received injuries from which he died ten days later. Decedent’s father, who was riding in the truck with decedent, died that night from injuries…