Green v. Wallace

Plaintiff sued for damages resulting from personal injuries sustained when, as a pedestrian, he was crossing a street and was struck by an automobile owned and operated by defendant. During pendency of suit defendant took plaintiff’s discovery deposition. Thereafter defendant filed answer denying his negligence and liability and raising the affirmative defense of plaintiff’s contributory negligence. At the same time, defendant moved for summary judgment in his favor on the ground that plaintiff’s deposition disclosed that there was no genuine issue of fact. It was defendant’s position that…