Grote v. Estate of Franklin

Plaintiff, Diana E. Grote, filed a complaint against defendant, the estate of Margaret S. Franklin, alleging that Margaret (the decedent) negligently operated her motor vehicle, causing the decedent to cross the center line and hit plaintiff’s vehicle head-on. Defendant filed an affirmative defense alleging that an “Act of God” was the sole or proximate cause of the accident. Defendant then moved for summary judgment on its affirmative defense, which the trial court granted. Plaintiff timely appeals, raising the following issues: (1) whether the trial court properly considered expert opinions…