Spelbring v. Pinal County

OPINION

HATHAWAY, Judge.

Appellant, plaintiff below, has brought this appeal challenging the trial court’s granting of appellee’s motion for summary judgment. We believe the granting of the motion was proper and affirm.

Appellant Philip Spelbring was a passenger in a dune buggy being driven by Don Allen Seller, a defendant in the trial court but not a party to this appeal. Spelbring was sitting in the rear of the dune buggy and either was ejected or jumped from the vehicle when the left front tire struck a rock in the road causing the driver to lose control and the vehicle to go over an…