Lawrence v. Deemy

The opinion of the court was delivered by

O’Connor, J.:

This is an action for personal injuries arising out of an automobile collision that occurred December 7, 1965, approximately three miles south of Herington on U. S. Highway 77. The defendant filed a motion for summary judgment, claiming the undisputed facts established he acted in a sudden emergency and, therefore, was not negligent as a matter of law. The district court sustained the motion, and plaintiff has duly perfected his appeal.

Plaintiff urges the trial court erred in granting summary judgment because (1) pretrial discovery had not…