Bryant v. Nealey

MEMORANDUM ORDER

BIGGERS, District Judge.

This cause is before the court on the motion of defendant W.E. Nealey, Jr. for summary judgment. Having received and considered the memoranda filed by both parties, the court is now ready to rule on this motion.

For the purposes of ruling on this motion, the court accepts the following facts as true and uncontested. In 1981 the defendant W.E. Nealey, Jr., a truck driver for Piedmont Carolina Transportation, Inc., was instructed to haul a load of furniture from North Carolina to Texas. While en-route to Texas, Nealey stopped in Mobile, Alabama, and picked…