Barrett v. Faltico

DRIVER, District Judge.

The claim asserted by plaintiff’s amended complaint is for damages for personal injury. Defendants, a marital community, have moved for summary judgment. The motion presents the question whether defendants are entitled to judgment as a matter of law on undisputed facts, shown by the record as it now stands. The record consists of the pleadings, the defendants’ affidavits, plaintiff’s counter-affidavit, and plaintiff’s deposition. 1

Summarized briefly, the undisputed record facts are as follows:

During the late summer and early fall of 1950, defendants, as promoters and…