Pike v. Stafford

Hall, Judge.

The defendant assigns error on the judgment of the trial court granting the plaintiff’s motion for summary judgment, on the issue of liability only. Held:

The plaintiff’s petition alleged that while the automobile he was driving was stopped at a “Yield” sign at the entrance to an expressway, the defendant negligently drove his automobile into the rear of the plaintiff’s automobile. The defendant’s answer alleged that the plaintiff’s failure to exercise ordinary care for his own safety and to avoid the consequences of any negligence of the defendant caused or contributed to his…