Arnold v. Leamy

CULLEN, J.,

In his motion for summary judgment, defendant, James L. Leamy,1 seeks judgment in his favor on the ground that the deceased, John Randall Arnold, was engaged in wanton conduct at the time of his death and, therefore, the administratrix of his *372estate cannot recover damages in her wrongful death and survival action even if defendant was negligent in striking the deceased with his vehicle while the deceased was sitting on the roadway. Based upon a review of the evidence and the applicable law, the court concludes that defendant is not entitled to the relief requested. Accordingly, his…