Ashcraft v. Wallingford

Plaintiff brought this action against the defendants for damages arising from an automobile collision, which occurred when both parties attempted to pass a third vehicle. From a summary judgment granted in favor of defendants, 1 plaintiff appeals.

The propriety of the summary judgment presents the sole issue on appeal. Plaintiff contends (1) issues of material fact exist as to his contributory negligence, and as to defendant's last clear chance to avoid the collision; and (2) comparative negligence applies. We affirm.

In considering a motion for summary judgment, the court's function is to…