Newcomb v. North East Insurance

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The question before the court is the narrow one of whether the district court properly determined that there existed no genuine issue of material fact, thus making summary judgment appropriate. We conclude that summary judgment should not have been granted.

I

Sally Newcomb, individually and as guardian of her minor daughter Shannon, sued for damages for an automobile accident in which Willie Wayne Newcomb, Sally’s husband and Shannon’s father, was killed, and Sally and Shannon both were injured. The Newcomb automobile was struck by a gravel truck owned by…