Biddle v. Biddle

CULLEN, Commissioner.

Appellee Galen Biddle, while operating his automobile at high speed, ran off the road on the wrong side (apparently because of the high speed) and hit an embankment, causing the car to overturn. His brother Russell, the appellant, who was a passenger in the car, was injured. Russell sued Galen for damages. The trial court entered summary judgment dismissing the complaint on the ground that the undisputed facts showed that Galen was drunk and Russell knew it, wherefore Russell assumed the risk as a matter of law. Russell has appealed, maintaining that although the “facts”…