Cooney v. McGillivry

Plaintiff, James Cooney, commenced this action in the Circuit Court of Tazewell County seeking to recover damages for personal injuries resulting from the defendant, Michael McGillivry’s, operation of an automobile. Pursuant to the defendant’s motion for summary judgment the court entered judgment in favor of the defendant and the plaintiff has appealed.

Plaintiff filed his complaint on October 5, 1977, based on an incident occurring October 10,1975. The complaint alleged that Stacy McGillivry was the driver of the automobile and that his negligent conduct caused injury to plaintiff. Within 30…