George Z. Rianhard v. Albert Rice

STURGIS, Judge. Plaintiff below, George Z. Rianhard, brings this appeal to review a summary final judgment in favor of the defendant, Albert
Rice, in an action for negligence arising out of a collision between plaintiff's motorcycle and defendant's pick-up truck
Defendant's proofs in support of his motion for summary judgment are to the effect that the collision occurred when his truck,
being operated in a proper manner, was in the process of passing the motorcycle after having overtaken it; that the point
of impact between the automobile and motorcycle was entirely on the west lane of the highway; that the road was straight,
level, and clear of any other traffic; that the accident was due entirely to plaintiff's negligence in driving his motorcycle
into the left (west) lane of traffic at the time defendant's truck was in that lane engaged in the act of passing; and that
plaintiff acted so abruptly as not to permit the defendant an opportunity to avoid the collision.