Wiltheis v. Pennington

Mark Pennington (“Pennington”) and his insurer, General Agents Insurance Company (“Gainsco”), appeal the partial summary judgment granted in favor of Thomas Wiltheis (‘Wiltheis”) on the issue of liability and the subsequent judgment denying Pennington’s motion for new trial arising from an automobile accident.1 We reverse and remand for trial on the merits.

Facts

In the early afternoon of April 19, 2000, Wiltheis and his passenger, Keith E. McClung (“McClung”), were traveling east on La. Highway 79. The weather was clear and the road conditions were dry. When Wiltheis reached the intersection…