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Walker v. Thomas5/14/1998
re to comply with a safety statute regulating operation of a vehicle on public roadways if he shows that something beyond his control made it impossible for him to comply with the statute. Fitas at 369. In this case, Thomas demonstrated that his failure to comply with the statute was caused by a sudden, unanticipated blackout. In the absence of any evidence to the contrary, the trial court properly granted summary judgment in favor of Thomas. The Walkers' second assignment of error is overruled.
Judgment affirmed. herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Common Pleas Court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
PATRICIA ANN BLACKMON ADMINISTRATIVE JUDGE
DIANE KARPINSKI, JUDGE
JOHN T. PATTON, JUDGE
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