Andrews v. Davis

Winkler, Judge.

This appeal is taken from the trial court’s entry of summary judgment in favor of defendants-appellees Eric D. Davis, Raymond Miller, and Golden Hawk, Inc., in a negligence action. For the reasons that follow, we affirm.

I. Factual Background

On November 27, 1996, Davis was operating a tractor-trailer owned by Miller’s company, Golden Hawk, Inc. As Davis crossed into Ohio from Kentucky and traveled north on Interstate 71, his truck began to lose power. Davis pulled the truck into a construction zone where he manually checked the fuel level with a stick and made sure that the fuel…