Friedman v. Sloan

In an action for personal injuries, the defendants appeal from a grant of summary judgment on the issue of liability as to Count 2 of the plaintiff’s petition. This count alleges that defendant drove the automobile in a negligent manner into a mailbox. The undisputed facts show that the minor defendant was the driver and the minor plaintiffs were paying passengers in a high school car pool. The defendant threw a lighted cigarette out of the side vent; it blew back and caught between her leg and dress on the seat; she took one hand off the wheel and her eyes off the road in an attempt to…