Simaitis v. Thrash

This action was brought by the plaintiff, Peter J. Simaitis, to recover damages for personal injuries he sustained as a result of a collision between the automobile in which he was riding as a passenger and an automobile driven by the defendant, Grace E. Thrash. The automobile in which plaintiff was riding was owned by him and being driven by his wife, Dorothy M. Simaitis.

Defendant filed an answer to the complaint and thereafter discovery depositions were taken of plaintiff’s wife, plaintiff and defendant. Defendant then filed a motion for summary judgment based on evidence given in the…