This is a summary trial proceeding to determine liability in an action
for damages arising out of the alleged negligence of Mrs. Mayne. Mr. Maynes
action in negligence against his spouse, Mrs. Mayne, stems from a motor vehicle
accident that occurred on September 24, 2010, when Mrs. Mayne took control of
the parties vehicle, struck Mr. Mayne, and caused serious injury to his leg.
Neither party objected to the matter being heard as a summary trial as the
material facts are not seriously in dispute....