Schultz ex rel. Schultz v. Murphy

DOWD, Judge.

This appeal is from the trial court’s summary judgment upon a cross-claim, designated as final and appealable pursuant to Rule 81.06.

Appellant and respondent are co-defendants in a negligence action brought by the Schultzes arising from an automobile accident on April 24,1976. Respondent was the driver of a vehicle which the Schultzes claim collided with the rear of a vehicle driven by their decedent, John Schultz. Appellant is the automobile dealer which allegedly sold John Schultz the vehicle driven at the time of the accident.

On April 24, 1976, John Schultz tendered to…