Buffington v. Metcalf

MEMORANDUM ENTRY

BARKER, Chief Judge.

This matter is before the Court on the . motion for summary judgment of defendant Robert J. Kuntz d/b/a Village Bar and Restaurant. For the reasons stated below, the motion is denied.1

I. Background

This diversity action brought by Clayton Buffington, Jr. (“Buffington”) in his individual capacity and as executor of the Estate of Mary Buffington, his late wife, seeks damages allegedly resulting from an automobile accident in Metamora, Indiana, in October, 1992. Pedestrian Mary Buffington was allegedly struck by an automobile driven by defendant Donnie Metcalf,…