Redd v. Brisbon

Frankum, Judge.

The judgment appealed from granted a summary judgment in favor of the defendant Marcus Thomas and dismissed the action as to that defendant. It is contended that that judgment was error because there was a genuine and material issue of fact to be determined by a jury. Briefly stated, the facts disclosed by the pleadings and the evidence adduced upon the motion for a summary judgment showed that on the date and at the time in question the defendant Warren Larry, Jr., drove his automobile into the service station operated by the defendant Marcus Thomas and requested that the…