Hilburn v. Shirley

This is an appeal by the plaintiff from a summary judgment granted in favor of the defendant in a case growing out of a collision between a tractor-trailer truck driven by the plaintiff and a Chevrolet Vega driven by the defendant, who concedes in brief that "the manner in which it occurred is disputed between the parties." We reverse and remand.

The plaintiff was driving a tractor-trailer rig loaded with pipe, weighing overall about 84,000 pounds, north on Water Street, a six-lane street, early on the morning of October 14, 1980. He was en route to the State Docks facility and maintained that…