Bryant v. Gilmer

OPINION

HENDLEY, Judge.

Plaintiffs appeal a summary judgment granted defendants on a personal injury action. The suit arises out of an automobile accident. Plaintiff Bryant was the driver of the first car and plaintiff Bennington was his passenger. The second car was owned by defendant Gilmer, but was allegedly driven by David Apodaca, a/k/a David Gurule, a/k/a David Cassidy, who fled the scene of the accident on foot and who has never been served. Gilmer was not in the car at the time of the accident. James Lassiter, a witness, was in Gilmer’s car during the accident.

Plaintiffs sued defendants…