Gardner v. Balliet

Hall, Judge.

This is an appeal and a cross appeal from orders denying a summary judgment for both the plaintiff and the defendant. The trial judge certified that both orders should be subject to review. A passenger sued the owner-driver, alleging gross negligence, after the car hit a telephone pole. Both parties had been drinking beer over a period of several hours, but both denied intoxication. There being a genuine issue on the material facts as to negligence, including the related issues of assumption of risk, lack of ordinary care for one’s own safety and comparative negligence, the trial…