Carter v. Miley

Plaintiff, Charlie R. Carter, instituted this action against the defendant, Charles N. Miley, to recover damages for personal injuries sustained when the truck which he was driving was struck by a motor vehicle operated by the defendant. The case was tried to a jury, and at the conclusion of plaintiff’s evidence the trial court sustained defendant’s motion to strike out plaintiff’s evidence and entered summary judgment for the defendant.

Plaintiff assigns as error the action of the trial court in striking out his evidence and entering summary judgment for the defendant.

The collision occurred…