Michalek v. Shumate

CAMPBELL, Judge.

Appellant, Gerald G. Michalek, plaintiff below, appeals the final summary judgment for appellees, David E. and June Shu-mate, defendants below. The trial court held that the doctrine of dangerous instrumentality did not apply and therefore ap-pellees were not liable to appellant for injuries he received when his vehicle was struck by a car owned by appellees. We affirm.

The pertinent, undisputed facts show that at the time of the collision, appellees’ car was being operated by an employee of Ralph’s Car Cleaning. Appellee June Shu-mate had called Ralph’s Car Cleaning for an…