Dannard Steele v. John Nagel

This is an action for personal injuries and damages to an automobile brought by appellant Dannard Steele against respondents Virgil Clampett and John Nagel and Louisa Nagel, doing business as Nagel Beverage Company, hereinafter referred to as Nagel. From a summary judgment entered in favor of Nagel, this appeal is brought. In support of and opposed to the motion for summary judgment were three affidavits and the depositions of Steele and Clampett. From these documents the following facts may be determined. On August 28, 1961, at about 6 p. m. Steele was driving his automobile in an easterly direction on Wylie Lane in Boise, Idaho. At a point just west of the intersection of Wylie Lane and State Highway 44, Steele collided with a pickup truck driven by Clampett and owned by Nagel. Clampett was employed by Nagel as a bottle sorter.