Holbrook Waterproofing Co. v. Cleaver

Bell, Chief Judge.

This case raises the issue of whether the trial judge erred in granting summary judgment to plaintiff on the question of liability in a personal injury suit based on negligence. It is undisputed that the defendant company’s truck operated by its employee in the course of his employment and while proceeding in a westerly direction failed to stop at a stop sign at an intersection and struck plaintiff who was proceeding in her car in a southerly direction. The only evidentiary matter in the record which bears on the basic issue is the plaintiffs deposition. She testified that…