Eckels v. Johnson

McFADDEN, Justice.

Thomas W. Eckels, the plaintiff-appellant, instituted this action against Ivan Johnson, the defendant-respondent to recover for property damage sustained when the plaintiff’s automobile was struck by a vehicle owned by the defendant and being driven at the time by the defendant’s son, Keith Johnson. The defendant’s motion for summary judgment under I.R.C.P. 56 was granted by the magistrate’s division of the district court. That judgment was appealed to the district court and from the district court’s judgment affirming the magistrate’s decision, the plaintiff appeals to this…