Stewart v. City of Hubbard

Christley, Presiding Judge.

This is an accelerated calendar case.

Early in the morning of April 26, 1984, a motor vehicle driven by Albert Carano, Jr. was stopped by the Hubbard police for having a noisy muffler. The vehicle was owned by Rodney Crytser, deceased, who was one of two passengers in the vehicle. Carano exited the vehicle at the request of the police and produced his driver’s license and the vehicle registration. Carano stated that he had consumed a couple of beers.

Through the affidavit of one of the passengers in the vehicle, the appellant, Phyllis Stewart, administratrix of the…