Preston v. American Family Mutual Insurance Co.

Andrew Preston (“Preston”) appeals the trial court’s decision granting American Family Mutual Insurance Co.’s (“American Family”) Motion for Summary Judgment (“motion”). We reverse and remand.

I. BACKGROUND

On September 27, 2003, Preston, 13 years old at the time, was riding his bicycle at the intersection of Fee Fee Road and Midland. Preston, wanting to cross Fee Fee Road on his bicycle, looked for an opportunity to cross. A northbound elderly female motorist on Fee Fee Road stopped her car and waved to Preston to cross the street. Preston began to cross, but was struck by a southbound car…