Davis v. Ferrell

Whitman, Judge.

This is a suit for damages for personal injuries arising out of a collision between an automobile, a tree and a utility pole. Plaintiff below, Ferrell, was a guest passenger in the car. The defendant, Davis, owned the car and was driving at the time of the collision. Plaintiff’s complaint alleges that defendant was “grossly negligent in the operation” of the car.

The defendant moved for a summary judgment and presented the plaintiff’s deposition taken for the purpose of cross examination in support of his motion. The plaintiff presented his own affidavit in opposition to the…