Van Dyk v. Earl

*542OPINION

For the purposes of this opinion, the facts are not complicated and may be stated easily. Appellant was a sleeping occupant in an automobile, driven by Ted Sherman, co-defendant in the proceedings below but not involved in this appeal, and owned by respondent Roy Earl, which was involved in a single car accident occurring near Ensenada, Baja California, Mexico.

Appellant sustained substantial injuries for which he claims Ted Sherman and respondent Roy Earl are responsible.

The lower court dismissed the action as to respondent Roy Earl on the ground that no material issue of fact existed.

T…