Finch v. Carlton

Plaintiff, Daniel R. Finch, appeals from an order granting summary judgment in favor of defendants, Douglas and Barbara Carlton. The appeal comes to this court upon an agreed statement of facts.

Plaintiff’s complaint alleges that on March 7, 1970, defendant negligently drove his automobile in such a manner as to collide with plaintiff’s automobile in Dayton; that plaintiff sustained serious personal injuries; and that such injuries were the proximate result of defendants’ negligence. Defendant denied these allegations and alleged as an affirmative defense that plaintiff had executed a full…