Harris v. Brewer

This is an appeal from a summary judgment granted in favor of defendants Billy Larry Brewer and State Farm Mutual Automobile Insurance Company. We affirm.

The facts are undisputed. On February 28, 1984, at approximately 5:30 p.m., Brewer was traveling south on Interstate Highway 59 en route from Gadsden to Tuscaloosa with his wife and child. It was lightly snowing. Earlier that day, that part of Interstate 59 had been closed due to ice and snow which covered the road; however, the highway was open for travel at the time the Brewers were driving on it.

A few miles from downtown Birmingham,…