Gardner v. Insura Property & Casualty Insurance

OPINION

FRANKS, Judge.

In this action for damages for personal injuries suffered in a motor vehicle accident, the Trial Court granted summary judgment to the City of Chattanooga, Chattanooga Police Department and Officer Kevin Smith. Plaintiff has appealed.

Affidavits and depositions filed with plaintiff’s response to defendant’s motion to dismiss establish without dispute that on December 24, 1994, Julie Wilson’s automobile was struck by a ear driven by Ernest Patillo. Patillo stopped his car approximately half a block from the accident and Wilson observed that Patillo’s breath smelled of…