Whritenour v. Thompson

SLEET, Judge.

Melanie Whritenour, appointed guardian of William Wolden and parent and legal guardian of Gavin Wolden, appeals an order granting final summary judgment. Because Whritenour was entitled to a jury trial on the issues of negligence and damages, the trial court erred as a matter of law. Accordingly, we reverse.

*872This case, to our knowledge, involves an unprecedented situation. Thompson, the defendant below, obtained a final summary judgment in favor of Whritenour that compelled Whritenour to accept Thompson’s liability insurance policy limits in full and complete satisfaction of her…