O'Hara v. Kimbrell

WRIGHT, Retired Appellate Judge.

Elisha J. O’Hara III appeals a judgment as a matter of law entered in favor of James D. Kimbrell, Jr., and M&M Builders, Inc.

On April 14, 1994, O’Hara sued Kimbrell and M&M Builders, asserting claims of negligence and wantonness arising out of a December 3, 1993, motor vehicle accident. O’Hara alleged that Kimbrell, while acting in the line and scope of his employment, was driving an M & M Builders truck, which he caused, or allowed, to collide with O’Hara’s automobile. Thereafter, O’Hara filed a motion for a default judgment against Kimbrell and M&M Builders.…