Prowell v. Eastwood Chrysler-Plymouth, Inc.

PICCIONE, J.,

Before this court for disposition is a renewed motion for summary judgment filed by defendant Preston Auto Mall, Inc., t/d/b/a a/k/a Preston Chrysler Plymouth Jeep (hereinafter, “Preston”). The current action arises out of an accident in which plaintiff Lefaughn Prowell (hereinafter, “plaintiff’) fell out of and was run over by a 1989 Chrysler Lebaron owned by his grandmother, Ethel Prowell. On August 24, 2003, defendant Cheryl Mitchell, plaintiff’s aunt, parked the Chrysler Lebaron at the West Side Mini Mart in New Castle and exited the vehicle, leaving the five-year-old *69plaintif…