Lockhart v. Beaird

Quillian, Judge.

The instant companion appeals concern property damage suits which arise out of the same accident and involve the same issues. For purposes of clarity, we shall refer to the parties involved in the singular. The plaintiffs complaint set out that the defendant negligently abandoned a 1970 Volkswagen on Interstate Highway 20 resulting in a 7-car collision.

The defendant filed a motion for summary judgment on the ground that there was no issue as to any material fact. In support of the motion was the defendant’s affidavit which contained the following statement: while returning…