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DONNELLY v. GUION

No. 12, Docket 71-2166.

467 F.2d 290 (1972)

Mary Elizabeth Foy DONNELLY, Appellant, v. H. Gibson GUION et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided October 10, 1972.

Attorney(s) appearing for the Case

Charles N. Segal, Hartford, Conn., for appellant.

William R. Moller, Hartford, Conn. (Wesley W. Horton, Regnier, Moller & Taylor, Hartford, Conn., on the brief), for appellees.

Before KAUFMAN, SMITH and MANSFIELD, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

This appeal, taken by the mother of the young man whose tragic and untimely death precipitated this litigation, requires us to determine whether the district judge correctly granted the defendants' motion for summary judgment. Unmistakably, summary judgment is a drastic device because its prophylactic function, when exercised, cuts off a party's right to present his case to the jury. Yet, if the case is totally devoid of an issue...

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