Sumner v. Coe

In this personal injury action for damages caused when plaintiff fell from the hood of defendant’s car (upon which plaintiff had been riding), plaintiff appeals the trial court’s granting of summary judgment for defendant. We reverse.

We draw our statement of the facts from plaintiff’s brief:

Both plaintiff and defendant worked at the Fred Meyer, Inc., Rose City store. On June 18, 1976, both plaintiff and defendant had gone off work at approximately 11 p.m.

When defendant left the store he went to pick up his car, which was parked on a public street close to the grocery store. It was not parked…