Fegler Ex Rel. Fegler v. Brodie

RAPER, Justice.

Plaintiff-appellant brought action in the district court seeking to recover money damages from defendant-appellee for injuries received by plaintiff, a two-year old, as he was running across Main Street, Lander, Wyoming, and was struck by defendant’s motor vehicle, allegedly because of its negligent operation. The trial judge granted defendant’s motion for summary judgment. Plaintiff appeals, presenting the single issue as to whether the trial court erred in the summary allowance of judgment for defendant. We will reverse.

According to a joint statement of facts, required by the…