Rutter v. Gemmer

Plaintiffs, Richard and Carol Rutter, appeal from an order of the trial court granting defendant, James E. Curry’s motion for summary judgment.

Plaintiffs brought suit against defendants, Curry and Gemmer, seeking damages for personal injuries and loss of consortium due to an automobile accident involving plaintiff, Richard Rutter, Curry, and Gemmer. Plaintiffs entered into a settlement agreement with Gemmer, who was then dismissed from the suit.

The complaint alleged that Richard Rutter was westbound on East Main street (also known as Route 64) at its intersection with 38th Street in St.…