Fogarty v. Rashaw

The plaintiff, Thomas P. Fogarty, brought this action for personal injuries received in a two-car collision against Craig Rashaw, as the driver, and against his father, Warren C. Rashaw, as the owner of one of the vehicles involved. The court rendered a summary judgment for the defendants from which the plaintiff has appealed claiming error (1) in granting the summary judgment without a sufficient basis in the sup*443porting documents and (2) in refusing his request for a continuance in order to depose the defendant Craig Rashaw, who was in the military service. We find error in the rendition of…