Beck v. Blackerby

Banke, Judge.

As the appellant was leaving a mobile home park owned by the appellee late one night, he drove his motorcycle into a pile of asphalt located on the roadway, sustaining serious injuries. He sued, alleging that the collision was caused by the appellee’s negligence in failing to maintain the roadway in a safe condition. The appellee, on the other hand, contends that the collision resulted from the appellant’s own negligence in failing to avoid an obstruction which was both obvious and known to him. This appeal is from the grant of the appellee’s motion for summary judgment.

The…