Via v. Tillinghast

CARROLL, Judge.

An automobile in which the plaintiff Sylvia Via was a passenger, driven by Tillinghast, collided with an automobile owned and driven by Hlavsa, an employee of the Independent Dairy Farmers Association. Mrs. Via sued all three for damages for personal injuries. Her husband joined, seeking derivative damages. Hlavsa and the corporation moved for and obtained separate summary judgments. The plaintiffs’ appeals from the two judgments were consolidated.

In granting a summary judgment in favor of the defendant Hlavsa the trial court ruled there was no genuine issue as to any material…