I have a case where the defendant simply went across the center line and hit my client head on and the defendant is refusing to admit liability. I need cases for motion for summary judgment.
Answer: The case you are looking for is Garner v. Myers, 1957 OK 224, 318 P.2d 410, 413: "'The undisputed fact that the defendant's car was on the wrong side of the road established a prima facie case of negligence on the part of the defendant. The defendant then had the burden of producing evidence which would overcome the inference of negligence arising from the fact that the defendant's car was on the wrong side of the highway.'" (quoting Kempfer v. Bois, 38 N.W.2d 483,484 (Wisconsin 1949).
Posted on Mon, October 22, 2012
by Sharon Coleman filed under