Hendrik v. Sexton

Judge Harold R. Banke.

Christopher Hendrix sustained injuries when the car in which he was a passenger rear-ended a truck parked on the side of the road. He sued the driver, Michael Berry Sexton, who successfully moved for summary judgment. On appeal, Hendrix enumerates one error, arguing that questions of fact regarding whether Sexton exercised ordinary care by failing to reduce his speed as he approached the intersection where the collision occurred precluded summary judgment.

To prevail on summary judgment, the moving party must show that no genuine issues of material fact remain to be tried…