Tavares Ex Rel. Guiterrez v. Barbour

OPINION

This case came before the Court for oral argument on January 30, 2002, pursuant to an order that directed both parties to appear and show cause why the issues raised by this appeal should not summarily be decided. After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown and that the issues raised by the appeal should be decided at this time.

I

Facts and Travel

This appeal arises from a personal injury action filed after an accident in which Jessica Guiterrez (Jessica), then five years old, was struck by an…