Smith v. Shaw

Carley, Chief Judge.

Appellant-plaintiff brought suit against both appellee-defendant Kenneth L. Shaw and his son, seeking a recovery for damages arising out of a vehicular mishap involving a car owned by appellee but driven by his son. On May 9, 1989, appellee filed a motion for summary judgment based upon the non-applicability of the “family purpose doctrine.” A hearing on appellee’s motion was set for June 19. However, the only supporting affidavit was filed on May 31. When appellant objected that appellee’s supporting affidavit had not been timely filed so as to warrant consideration at…