Chlopek v. Schmall

This is an action for damages by the plaintiffs, Ed and Karl Chlopek, resulting from a collision between a truck with a “pup” trailer, owned by the plaintiffs, and an automobile operated by defendant Kelly J. Schmall, which was owned by her parents, defendants James H. and Jo Ann L. Schmall.

The pleadings raised issues of defendant Kelly Schmall’s negligence, the contributory negligence of plaintiffs’ driver, and the nature and extent of plaintiffs’ damages.

Both parties filed motions for summary judgment, plaintiffs seeking judgment on all issues and defendants seeking partial summary judgment…