Miklos v. Caliendo

Plaintiff, Frank T. Miklos, as guardian of the estate of his disabled son, Jeffrey, filed suit against defendant, Anthony Caliendo, for injuries Jeffrey sustained when he was struck by a truck driven by defendant. The trial court granted defendant’s motion for summary judgment, and plaintiff appeals. We find that an issue of material fact exists which precludes entry of summary judgment, so we reverse.

In the early morning hours of September 15, 1983, defendant was driving a tanker truck westbound on what was then known as 1-5, an interstate highway now known as 1-88. Approximately four-tenths…