Brown v. Doe

Hall, Presiding Judge.

Plaintiff in a John Doe action for damages under his uninsured motorists clause appeals from the grant of summary judgment for his insurance company.

During the course of a large party, a truck which had been parked in the driveway between other cars was in some unknown way and by a person or persons unknown, moved out into the street, turned, and left parked and unlighted in a traffic lane. Plaintiff had just dimmed his *23lights because of an oncoming vehicle and was unable to see the truck soon enough to avoid hitting it.

Argued September 20, 1971 Decided November 17,…