Giddings v. John Hearnsberger Co.

MARVIN, Judge.

In this action for damages arising out of a motor vehicle collision, the trial court granted a motion for summary judgment made by the individual owner-president of the defendant corporation that owned the truck and employed the truck driver involved in the accident with plaintiff. Plaintiff appeals the summary judgment dismissing his demands against the individual defendant. We reverse and remand.

The motion for summary judgment was filed in late 1980. Before that time, plaintiff, in a supplemental petition, had added the corporate owner as a defendant, generally alleging that…