McHenry Sand & Gravel, Inc. v. Rueck

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

Alexander Rueck, the counterplaintiff, appeals from a summary judgment which dismissed his countercomplaint in an action arising from an intersectional motor vehicle collision. The court found that Rueck’s contributory negligence appeared from the pleadings as a matter of law.

The counterdefendants’ motion for a summary judgment, supported by excerpts from counterplaintiff’s discovery deposition, stated the undisputed facts that on January 12, 1972, at 12 o’clock noon, Rueck was driving west on Hawley Street which intersects…