Vitale v. Danylak

Plaintiff Stella Vitale appeals from a grant of summary judgment in favor of the defendant, Jerry Danylak.

The plaintiff and her daughter, Maria Vitale, were injured in a collision between their car and the defendant’s. The accident occurred on January 29, 1975. The next day, on the advice of her attorney, Stella Vitale went to see a doctor. She complained of a stiff neck resulting from the accident. The doctor prescribed some medicine, presumably pain killers and/or muscle relaxants. Mrs. Vitale testified in a deposition that the stiff neck continued for around one week. She saw the doctor…