Dubus v. McArthur

VAN NORTWICK, Judge.

Sandra Dubus and her husband, Gary Du-bus, appeal a final summary judgment granted to appellee, Ernest V. McArthur. We agree that the summary judgment was appropriate, but for the reasons explained below, we hold that summary judgment should have been granted with leave to appellants to amend their complaint. Thus, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

Appellants filed a complaint against McAr-thur and others for damages arising out of a motor vehicle accident. Regarding McAr-thur, they alleged that he was…