Robert C. Dick v. Judith Leah Carey

KNOCH, Senior Circuit Judge.

Plaintiff-appellant Robert C. Dick, brought suit against Judith Leah Carey, defendant-appellee, and Joseph Arnold Franklin Jr. to recover damages for personal injuries sustained in an automobile accident. Under a covenant not to sue, a settlement was made with Mr. Franklin and the cause dismissed as to him.

Although the parties espouse diametrically opposed legal theories, the facts are largely undisputed as set forth in depositions taken from the plaintiff, the defendant and Mr. Franklin. Plaintiff was injured in a collision between an automobile driven by Mr.…