Withrow Timber Co. v. Blackburn

Marshall, Justice.

We granted certiorari in this case to determine what burden is placed upon a party opposing a motion for summary judgment, in an action based on the doctrine of respondeat superior, where a party to the alleged employer-employee relationship moves for summary judgment, relying on affidavits unequivocally denying the existence of the agency relationship.

This is a wrongful-death action being prosecuted by the widows of Allen Fry and Ronald Blackburn, who were killed in a collision with a pulpwood truck driven by Melborn Reid. Reid was employed by Jackson, Lumpkin, Fulton and…