Layton v. Knight

Hall, Presiding Judge.

Plaintiff in a personal injury action appeals from the granting of a summary judgment to the defendant. (We shall refer to the parties as plaintiff and defendant for clarity because, while their designation below was reversed, this is their actual status in the counterclaim which is the only action being litigated).

1. Plaintiffs basic contention is that the facts, though essentially undisputed, still leave room for inferences favorable to the plaintiff which, especially in a negligence case, should be considered by the jury.

There are three issues which plaintiff contends…