Asmuth v. Kemper

Christie, J.:

The plaintiff, Henry Asmuth filed an action against Franklin Kemper alleging that he was injured while riding in an automobile driven by Kemper. In the first claim for relief he alleges that Kemper drove with willful or wanton disregard of the rights of others; in the second claim he alleges that Kemper drove negligently. Asmuth’s and Kemper’s depositions have been taken and affidavits by Kemper and his wife, Shirley Kemper, have been taken.

The defendant moved for summary judgment on the ground that there is no dispute as to any material fact and that on the facts the defendant…