Jones v. Berlove

STATON, Presiding Judge.

Terry Jones appeals from a summary judgment in favor of Julia Berlove, raising one issue:

Whether the trial court erred in granting summary judgment sua sponte for Julia Berlove.

We reverse.

Jones filed a negligence action against Berlove on April 20, 1981, claiming $1,500,-000.00 for injuries allegedly sustained when Berlove's car struck a recreational vehicle in which Jones was riding with his father. In September of 1982, Jones obtained new counsel, David Kolbe, and on February 4, 1983, he filed an amended complaint seeking only $350,000 in damages. On August 8, 1983,…