Battista v. Muscatelli

These are two civil actions for negligence arising out of a collision between two motor vehicles on a public highway in this state. They were consolidated for argument in this court following an appeal by each plaintiff from a final judgment of the Superior Court entered pursuant to an order of a justice of said court granting the defendant Fiore Pontiac, Inc.’s motion for summary judgment in each case.

The pleadings establish that on July 11, 1966, plaintiff, Lisa Fitch, a minor, was riding as a passenger in a car being operated by one Anne Battista when said car was involved in a collision…