Brown v. Iocovozzi

Whitman, Judge.

Under the view we take of the pleadings, the plaintiff’s deposition and the affidavit of the defendant’s employee, the issues presented to the trial court by the defendant’s motion for summary judgment were (1) whether the facts showed no negligence on the part of the defendant, or (2) even if the defendant was negligent, whether the plaintiff nevertheless failed to exercise ordinary care for her own safety.

Both of these questions are ordinarily matters for determination by a jury. “Questions of negligence, diligence, contributory negligence, and proximate cause are peculiarly…