Weldon v. Federal Chemical Co.

GEORGE O. BERTRAM, Special Commissioner.

The parties will be referred to as they appeared in the lower court, plaintiffs and defendant. Plaintiffs sued for a total of $37,811.00, alleging damages involving an automobile accident March S, 1960. The Jefferson Circuit Court granted a summary judgment in favor of defendant on the theory that the agent of defendant company was engaged in his personal affairs at the time of the accident.

This appeal seeks reversal of the lower court and offers five reasons:

1. Genuine issues of fact existed so that it was improper to grant defendant a summary judgment.