Smith v. Gibbs

Banke, Judge.

The appellants, defendants below, appeal the grant of summary judgment to the plaintiff on the issue of liability in a rear-end collision case.

The sole question with which we are presented is whether the affidavit filed by the plaintiff in support of the motion for summary judgment establishes a prima facie case against the defendants. In that affidavit, the plaintiffs wife states that while her automobile was stopped at an intersection in broad daylight it was hit from the rear by an automobile driven by defendant James David Smith and owned by defendant Alice M. Smith. The…