Sims v. Schrepel

The opinion of the court was delivered by

Fontron, J.:

This lawsuit grows out of an accident occurring at an open intersection. Two vehicles were involved, a county sand or dump truck driven by plaintiff, Bobby S. Sims, and a passenger car operated by the defendant, Benjamin Schrepel. Trial was commenced before a jury. At the conclusion of the plaintiff’s evidence, the defendant moved for summary judgment. The trial court treated the motion as one for a directed verdict and sustained the same on the ground that plaintiff’s evidence established contributory negligence as a matter of law. The…