Marcus v. Everett

There are two questions involved in this appeal, first, whether the District Court erred in granting a motion for summary judgment filed by appellee, J ames C. Everett, defendant below, and in dismissing said action on the ground that the court did not have jurisdiction of the action brought by appellant Carroll A. Marcus to recover damages for personal injuries; and, second, whether the family purpose doctrine is applicable under the facts of the case. We reverse and remand.

On May 11, 1973, appellant, Carroll A. Marcus, sustained personal injuries when the truck which he was driving was…