Mrs. Sarah St. John, for and on Behalf of Her Minor Son, Anthony Ferrante v. New Amsterdam Casualty Company

GEWIN, Circuit Judge:

In this diversity personal injury action the trial court granted the motion of the appellee for summary judgment. The appellants, who are minors, contend that there were controverted issues of material fact; but that in any event, the judgment of the trial court cannot be sustained on the basis upon which it was rendered. The minute entry granting the appellee’s motion which formed the basis of the judgment of the trial court is as follows:

“This cause came on this day for hearing on motion of defendant for summary judgment.

PRESENT: Paul B. Deal, Esq.

Attorney for Defendant

C…