Mathis v. Ammons

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This diversity action was brought by the plaintiff, Arnold Ray Mathis, both individually and in his capacity as Administrator of the Estate of the decedent, Wanda J. Mathis, against the defendant, Earl O. Ammons. The complaint alleges that the decedent was killed while a passenger in an automobile that was negligently driven by the defendant. The plaintiff is the natural father of the decedent. The defendant is the decedent’s uncle. Defendant has filed a motion to dismiss, which will be treated herein as a motion for summary judgment. A hearing on…