Haragan v. American Federation of Grain Millers International

DAVIS, Commissioner.

The trial court entered summary judgment for the defendants in James Hara-gan’s action for personal injuries and special expenses allegedly sustained by Hara-gan when his motorcycle collided with a salamander heater being maintained by the defendants on the shoulder of St. Matthews Avenue in Jefferson County. The trial judge did not assign a specific basis for the summary judgment, but it reasonably appears, and the parties seem to so regard it, that contributory negligence of the plaintiff was deemed dispositive of the case.

The plaintiff-appellant contends that the…