Masotti v. Console

Plaintiff, Vito Masotti, appeals from an order of the circuit court granting summary judgment for defendants, Peter Console and Ganna Construction Company. Plaintiff raises two issues on appeal: whether Peter, as the driver of a car, owed plaintiff a duty; and whether plaintiffs actions put his injury beyond the scope of that duty.

On November 13, 1987, plaintiff filed a negligence action against defendant Peter Console. Since both parties were minors, the suit was filed by plaintiff’s mother, Anna Masotti, against Anna Console, Peter’s mother. For convenience we refer to the real parties in…