Byus v. Mid-Century Insurance Co.

HODGES, Justice.

This case is before this Court after the trial court rendered summary judgment in favor of the plaintiff and the Court of Appeals reversed and held judgment should have been rendered in favor of the defendant.1 Because we find factual issues are *846unresolved, we hold summary judgment for either party is improper.

I. Facts

On August 4, 1991, the deceased, Thomas Edward Byus (Byus), was driving his own car home on South Shields in Oklahoma City. Michael McCracken (McCracken) and Lance Tennant were passengers in the car. As Byus was driving north and approaching 29th Street, a car…