Ruth Williams v. Jessie Eugene Chick, Jr., and Pacific Mutual Door Company, a Corporation

LAY, Circuit Judge.

This appeal presents an interesting tort case under Missouri law. The facts of this appeal were stipulated and submitted to the trial court under a “Motion for Summary Judgment On The Question Of Causation.” The trial court sustained defendants’ motion for summary judgment and plaintiff appeals. We reverse.

It was stipulated that plaintiff’s decedent was operating a truck at approximately 1:30 a. m. on U. S. Highway #24, near the Chariton River, in the State of Missouri. He came up behind a tractor and semi-trailer owned by defendant Pacific Mutual Door Company and driven by…