Wilby v. Gostel

These appeals arise out of an action for wrongful death in which the trial court granted partial summary judgment to one of the defendants on the ground that the decedent was contributorily negligent as a matter of law. In companion appeals brought by the defendants, we consider whether the trial court erred in permitting the administrator of the decedent’s estate to take a voluntary nonsuit as to all claims alleged in her motion for judgment after the motion for partial summary judgment had been granted. In a separate appeal, the administrator has assigned error to the trial court’s granting…