reversing - 12 - summary judgment; though facts were “uncontroverted,” they were capable of more than one conclusion as to whether defendant failed to keep proper lookout for oncoming vehicles
How later courts described this case
- reversing - 12 - summary judgment; though facts were “uncontroverted,” they were capable of more than one conclusion as to whether defendant failed to keep proper lookout for oncoming vehicles
- reversing summary judgment; though facts were "uncontroverted," they were capable of more than one conclusion as to whether defendant failed to keep proper lookout for oncoming vehicle
Written by the judges who cited it.
The opinion
Mr. JUSTICE RECHENMACHER, dissenting:
I respectfully dissent. A reading of the entire record convinces me that the defendant was not guilty of failing to maintain a proper outlook. Also, it is uncontradicted in my opinion that Jean Santschi’s maneuver was sudden and unexpected and there is nothing in the record which would indicate or support an inference that Zannini could have avoided the accident, had he been keeping a better lookout.
I feel no genuine issue of a material fact exists and I would affirm the trial court’s order granting defendant’s motion for summary judgment.