Michalski v. Peaslee

SHANNON, Judge.

The plaintiff appeals a summary judgment entered in favor of the defendant in a suit arising out of an automobile accident.

Viewing the facts in a ’light most favorable to the nonmoving party, which is necessary on a motion for summary judgment, we find that the record discloses the following situation. The plaintiff had been following the defendant along a two lane road for about one to two miles at a speed of about 40 miles per hour, and when the defendant diminished his speed, the plaintiff attempted to pass. When the plaintiff was alongside the defendant, the defendant…