Ivey v. Nicholson-Mcbride

THOMAS H. NEWTON, Presiding Judge.

Ms. Patricia Ivey, a driver’s license examiner, was injured during a driving skills test with Ms. Clara Joe Nicholson-McBride, a license applicant. Ms. Ivey sued Ms. Nicholson-McBride for negligence. Ms. Nicholson-McBride filed a motion for summary judgment, alleging that Ms. Ivey’s claim was barred under the assumption of risk doctrine. The circuit court granted summary judgment. We reverse and remand.

Factual and Procedural Background

Ms. Ivey was in the car as a passenger to evaluate whether Ms. Nicholson-McBride’s driving skills were sufficient to obtain a…