Howard v. Winebrenner

HIGGINS, Commissioner.

Appeal (taken prior to January 1, 1972) from order overruling plaintiff’s motion for summary judgment, sustaining defendant’s motion for summary judgment, and dismissing plaintiff’s petition for $75,000 damages for personal injuries.

Plaintiff alleged: that defendant is the owner and operator of certain tractors and trailers and is in the business of hauling as a contract and common carrier; that on June 4, 1967, plaintiff was walking in an easterly direction in defendant’s lot, when and where defendant, who was backing a tractor and trailer in an easterly direction,…