McGraw, J., dissenting:
I dissent from the majority's decision in this case because I believe the trial
judge improperly resolved genuine issues of material fact regarding Appellee's use of alcohol
prior to the accident and the jeep's previous history of stalling-out. The parties presented
conflicting evidence on these issues. The trial judge should not have taken the liberty of
weighing the evidence presented or to otherwise encroach upon the all-important function
of the jury as fact-finder.
For the reasons stated, I respectfully dissent.