Joseph v. Howell

SHANGLER, Judge.

The plaintiff appeals from a summary judgment. The judgment was entered on the affirmative plea by the defendant of res judicata. The plaintiff contends that the entry of summary judgment without a prior hearing was error.

The summary judgment was entered on a petition for damages in two counts. Count I was for personal injury. Count II was for property damage. The petition pleaded that the casualty resulted from a collision at a specified site on a specified date between two motor vehicles, one operated by the plaintiff and the other by the defendant. The answer asserted that…