Ranard Ex Rel. Ranard v. O'Neil

This is an appeal from a summary judgment granted defendant in a personal injury action in the district court, Lewis and Clark County. The district court held:

“* # # £ke defendant, Kathy O’Neil, is entitled to summary judgment, as a matter of law, finding that plaintiff, Jerry Ranard, was guilty of contributory negligence as a matter of law and defendant Kathy O’Neil had no ‘last clear chance’ as a matter of law”.

The summary judgment was granted on the pleadings, answers to interrogatories by both parties, and a deposition of plaintiff. These documents disclose that, on December 7, 1972,…