Smith v. Ashley

Mr. PRESIDING JUSTICE SIMKINS

delivered the opinion of the court:

Appellant Elsie Smith filed a complaint against appellee Raymond Ashley, alleging negligence and requesting damages. Summary judgment was granted in favor of Mr. Ashley. Ms. Smith is appealing that order.

The complaint alleges that Mr. Ashley, on February 13, 1972, drove to Ms. Smith’s and invited her to enter his car. The gist of the complaint is that defendant Ashley operated his car negligently by permitting or causing it to move just as Ms. Smith was attempting to enter.

Defendant moved for summary judgment. In support thereof…