Harding v. Purtle

In a three-car “rear end” automobile collision personal injury action defendants Purtle (the driver) and Elder (owner) of the middle car were granted a summary judgment. Plaintiff Carrie Jo Harding whose ear in front was hit appeals. The basis of the trial court’s order was “that the plaintiffs have not produced any evidence to show that the conduct of Ron B. Purtle was either negligent or a proximate cause of the injuries suffered by the plaintiffs.” But a summary judgment will not be granted if there is a triable issue of fact. Before the party against whom the judg ment is granted has to…