Lady v. Griffin

PER CURTAM.

This is an appeal from an award of final summary judgment in a wrongful death action. We feel, based on the conflicting inferences and allegations of fact, that summary judgment was premature. We therefore reverse.

Milton Lady was repairing his personal car in Randy Griffin’s gas station. Griffin had given Lady permission to use his equipment, including a large pneumatic bumper jack. Lady jacked up his car and was working underneath it when the jack, for some unexplained reason, shot out from underneath causing the car to fall on Lady, killing him.

Numerous affidavits were available…