Cooper v. Mallory

In this action to recover damages for personal injuries plaintiffs, two infants and their father, move for summary judgment. Plaintiffs’ injuries arose out of an automobile accident allegedly due to defendant’s negligence. The defendant, Mallory, has admitted that he was operating his automobile at the time of the accident while intoxicated. He entered a plea of guilty to such criminal charge and was thereafter convicted.

Mallory was traveling east on Sunrise Highway, but when he reached the Udall Road intersection he attempted to turn to his left, to proceed north on Udall Road. Although the…