Hogan ex rel. Jordan v. Keen

BOYER, Chief Judge.

From summary judgment entered in favor of appellees (defendants), appellants *176have appealed, claiming that there are material issues of fact which should have precluded the entry of summary judgment.

Most of the material facts concerning the incident out of which this lawsuit arose are undisputed. On July 1,1973, appellant Linda Ann Hogan while a passenger in an automobile driven by appellee Gayla Keen was involved in an accident and was injured.

The pleadings, however, reveal a significant and apparently determinative issue of fact. The complaint alleges that the automobile…