Bowers v. Marzano

¶1 Colin Bowers rode as a passenger in an automobile that failed to yield the right-of-way to a speeding favored driver, Pamela Marzano. Marzano’s vehicle collided with Bowers’s, and Bowers suffered significant injuries that he alleges Marzano could have prevented or minimized had she driven with proper attentiveness. The trial court granted summary judgment for Marzano, concluding that Bowers failed to establish Marzano’s point of notice. We hold that a genuine issue of material fact exists regarding Marzano’s point of notice, sufficient to avoid summary judgment, and thus Bowers should have…