Nelson v. Larsen

OPINION

FOLEY, Judge.

This appeal is from a grant of summary judgment to third party defendant and re spondent Michael’s Stone Inn, Inc. We affirm.

FACTS

On the evening of August 26 and the early morning hours of August 27, 1984, Craig L. Nelson, respondent Kevin Hensley, and two other friends were patrons at Michael’s Stone Inn. When that tavern closed at 1 a.m., the four got into Nelson’s car. Hensley drove north a short distance and stopped on the highway. Nelson got out to relieve himself.

As a joke, Hensley turned around and drove away from Nelson, who was standing either in or on the side of…