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Slagle v. Hubbard8/15/2001
e, one immediately after the other. Finally, the uncontested evidence shows that the two pickups approached a gasoline tanker that was itself traveling above the speed limit; that, without slowing, the two pickups pulled out and began to pass the tanker at a high rate of speed; that the two pickups were so close together that the driver of the gasoline tanker did not notice that not one but two pickups were passing him until the second pickup was alongside the cab of the tanker; and that the first pickup, driven by Painter, was able to complete the pass barely in time to avoid a head-on collision with plaintiff's car.
Viewing that uncontested evidence in the light most favorable to plaintiff, there is at least a genuine issue of material fact concerning whether Painter and Hubbard acted "in concert" with one another as they sped down Highway 30 on the way to Woodland. The fact that there is no evidence that Painter and Hubbard had agreed to "race" in the sense of engaging in a head-to-head speeding competition is beside the point.
Plaintiff also assigns error to the trial court's allowance of defendants' motion to strike portions of the affidavit of Culver. In light of our conclusion that, even without considering that evidence, plaintiff supplied evidence sufficient to defeat the summary judgment motion, we need not address that assignment.
Reversed and remanded.
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