Waldrop v. Padgett

Jordan, Presiding Judge.

The defendants appeal from the denial of a summary judgment, contending that the evidence on motion for summary judgment eliminates negligence of the driver of a vehicle as the cause of injuries to a nine-year-old child who was struck by the vehicle when he suddenly entered the street on the driver’s right from between two parked automobiles in a school zone.

Whether the driver was operating the vehicle “at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing” or at an appropriate speed…