Johnson v. Smith

COZORT, Judge.

Plaintiff appeals from an Order granting defendant’s motion for summary judgment and denying plaintiff’s motion for judgment on the pleadings or, in the alternative, partial summary judgment. We affirm the trial court’s order.

The case below involves two legal actions. In both, the plaintiff alleged that defendant Rayfield Smith caused the wrongful death of plaintiff’s intestate, Frederick Johnson.

In the first action, No. 85CVS1790, plaintiff sued Rayfield Smith, J. M. Tull Industries, Inc., and Ryder Truck Rentals, Inc. Smith was the driver of an eighteen-wheel truck (owned by…