CARSON BY MEREDITH v. LeBlanc

In this negligence action arising from injuries received by a minor pedestrian who ran into the side of a moving automobile, the sole question presented is whether the trial court erred in holding that the plaintiff was guilty of contributory negligence as a matter of law.

The appellate record is presented in an unusual procedural posture. There has been no trial; the trial court granted defendant’s motion for summary judgment at the pleading stage of the case. The facts upon which the trial court relied were developed from the plaintiff’s responses to the defendant’s requests for admissions.…