Gann v. Burton

OPINION

LEECH, Special Justice.

Plaintiff, Terry Gann, was struck and severely injured while prudently operating his motorcycle by an automobile driven by defendant, Cassie Burton. The defendant’s negligence was the sole and proximate cause of the accident. This action commenced on September 7, 1971 and was subsequently set for trial three times, but each time the trial date was reset because of defendant’s physical inability to attend. On December 7, 1972, the day the cause finally came to trial, defendant’s attorney filed a written suggestion of defendant’s incompetency and made an oral…