Hammer v. Malkerson Motors, Inc.

Knutson, Chief Justice. '

This is an appeal from a judgment of the Hennepin County District Court entered pursuant to an order granting summary judgment in favor of third-party defendant, St. Paul Fire and Marine Insurance Company.

The facts are not in dispute. On October 19, 1960, Elsa P. Cooper brought her 1960 Oldsmobile automobile to Malkerson Motors, Inc., for servicing and repair. The automobile was parked in a lot outside the garage. While Robert J. Engman, a Malkerson employee, was driving the automobile into the garage to have it repaired, he struck and injured Joseph Hammer. Hammer…