Whetstone v. Sooter

delivered, the opinion of the court:

Defendant, Robert E Sooter, appeals the trial court’s order denying his motion for summary judgment on a counterclaim filed by plaintiff, Rodrick Whetstone, as assignee of Rose Groce, Charles Lusk, and Bill Thompson Transport, Inc. We affirm.

Rodrick Whetstone was riding as a passenger in an automobile driven by Robert E Sooter. On August 22, 1994, the automobile driven by Sooter collided with the rear portion of a truck driven by Rose Groce. The truck had pulled into the lane in front of Sooter’s vehicle after having been stopped on the shoulder. The truck…