Pruitt v. Tyler

I agree with the majority insofar as it reverses the grant of summary judgment in favor of appellee. However, I am unable to agree with the reasoning employed by the majority in arriving at the proper disposition of the instant appeal. Accordingly, I must concur specially.

Appellant-plaintiff filed suit, seeking to recover damages for personal injuries allegedly suffered in an automobile collision. One of the allegations of appellant’s complaint was that she had “been disabled ever since” the collision. Appellee-defendant answered and included, among his defenses, the assertion that appellant…