Rettig v. Heiser

Plaintiff filed suit for injuries from car accident, against driver who swerved to avoid head-on collision vehicle which had lost control while merging, but then collided with rear of Plaintiff's vehicle. Court properly entered summary judgment for Defendant, finding that he was in middle of accident and that evidence did not show that he was negligent. A rear driver is not precluded from prevailing on summary judgment . No genuine issue of material fact exists as to whether driver breached duty of care to Plaintiff, and thus Plaintiff cannot establish Defendant is liable for negligence. (STEIGMANN and HARRIS, concurring.)