Duncan v. Dunevant

MEMORANDUM OPINION

ALLEN, District Judge.

This action, seeking damages in the amount of $139,000 for the alleged wrongful death of Thomas Hershel Duncan, as a result of the alleged negligent operation of an automobile by the defendant, was submitted to the Court on the motion of the defendant for summary judgment following an oral argument held by agreement of counsel and the Court on February 27th, 1973.

It appears from the depositions and documents of record that defendant was operating an automobile in the early morning hours of August 24, 1971. He and a friend, David Tucker, were on a…