Hook v. Caldwell

CHIPMAN, Presiding Judge.

Nedrey L. Hook, his wife Thelma, and Jon R. Havert were injured in a multiple vehicle automobile accident. They sued Claude A. Caldwell and Loretta Warren, drivers of two of the vehicles involved. Caldwell filed a motion for partial summary judgment which the trial court granted. The sole issue in this appeal is whether the trial court erred in finding Mr. and Mrs. Hook and Officer Havert were contributorily negligent as a matter of law.1

We reverse.

FACTS

The facts, viewed most favorably to the non-moving parties show that on September 5, 1977, Jon Havert, a policeman,…