Marshall v. Weingarten

COLLINGS, Justice.

Willmon Marshall brought suit against Ora L. Smith, Bernard L. Weingarten and J. Weingarten, Inc. Plaintiff sought to recover damages for personal injuries alleged to have been sustained on or about July 23, 1962, as a result of being struck by an automobile owned by defendant, J. Wein-garten, Inc. and operated by Ora L. Smith. A severance was granted as to the cause *762of action alleged against Ora L. Smith. Bernard Weingarten and J. Weingarten, Inc. filed motions for summary judgment which were granted. Willmon Marshall has appealed.

Marshall urges points contending that the…