Johnson v. Johnson

MILLIKEN, Judge.

The issue here is whether it was proper for the trial court to enter a summary judgment for the defendant in a negligence case.

This is an action for personal injuries sustained in an accident while appellant was a passenger in an automobile owned and operated by appellee, defendant below. A third party complaint was filed by the appellee against Otis Hayes, the operator of another car, seeking recovery for any amounts that might be adjudged against appellee.

*896The trial court, on a motion for summary judgment, found that appellant was con-tributorily negligent and had assumed the…