Fishel v. Givens

Michael Eugene Fishel, a minor, by his father and next friend, Charles A. Fishel, appeals from an order entering summary judgment in favor of K. T. Givens and against plaintiff, in a personal injury suit.

The action brought by plaintiff was based on the theory of negligence of defendant, and sought recovery for personal injury sustained by plaintiff when an automobile driven by defendant and a mini-bike ridden by plaintiff collided. The trial court granted summary judgment in favor of defendant K. T. Givens on the grounds that at the time of the accident, as a matter of law, defendant was not…