Mitchell v. Cox

Evans, Judge.

Claudie Mae Cox sued Gassie Mitchell for the wrongful death of her minor child, who was less than three years old at the time of the fatal injuries. She alleged that death was caused by the negligence of the defendant truck driver. Defendant denied the material allegations of the complaint and filed an affirmative defense in which he contended the child’s death resulted from an accident, or that death was the result of the negligence of the child’s mother, who was plaintiff in the case.

Motion for summary judgment was filed by defendant, in support of which depositions of…