Carter v. Deitz

KLEES, Judge.

This appeal arises from a summary judgment dismissing part of defendant-appellant’s, deLaureal Engineers, Inc., (deLau-real), third-party demand against defendant-appellee, Continental Casualty Company (CNA), insurer of Modjeski and Masters (M and M). The issue presented by deLau-real, is whether the trial judge’s granting of the summary judgment was erroneous and contrary to law. We conclude that summary judgment should not have been granted and reverse and remand for the following reasons.

A suit for damages was originally brought against deLaureal Engineers, Inc., Modjeski and…