Schauf v. Badger State Mutual Casualty Co.

The first ground for the motion for summary judgment is based upon the contention that as a matter of law Thur was not the driver of the automobile. In support of its motion, Badger submitted affidavits of all the occupants of the Kiesow car in which they stated Kiesow and not Thur was the driver at the time of the accident. These affidavits directly contradict earlier statements made by Thur that he was driving the car. The situation presented an issue of fact for the jury to determine which statement of Thur was true. When he lied and when he did not is a matter of credibility for the jury…