Theonnes v. Hazen

Soderland, J. *

Respondent was driving on a 2-lane paved street where the posted speed limit was 35 m.p.h. Appellant's 9-year-old son rode his bicycle out of a driveway and onto the street. A collision occurred causing serious injury to the child. The trial judge granted summary judgment to the respondent, dismissing appellant's complaint.

The issue on this appeal is whether the affidavits of appellant's witness Terry Turner, an expert in traffic accident investigation and reconstruction, state sufficient facts to take the appellant's case to the jury. The affidavits of the expert contain…