Stewart v. Aderholt

OTT, Judge.

Plaintiff/Nancy Stewart appeals a final summary judgment in favor of defendants/Jeff Aderholt and his insurer, Royal Globe Insurance Company. We think the facts, if considered in the light most favorable to the plaintiff, are sufficient to raise material issues of negligence and contributing negligence that preclude summary judgment, and we therefore reverse.

The pleadings and depositions show at least the following facts. On the afternoon of May 1, 1973, Jeff Aderholt, age 8, met his friend Mark Elliot, age 12. They decided to ride around on Jeff’s bicycle. Mark, the larger of the…