McCaster v. Jackson

HOUSTON, Justice.

This is an appeal by the plaintiff, Bernard McCaster, from a summary judgment for the defendant, Madeline Jackson. We affirm in part, reverse in part, and remand.

Considering the evidence, both undisputed and disputed, most favorably to McCaster, the nonmovant, as our standard of review requires, see Rodgers v. Hopper, 768 So.2d 963, 965 (Ala.2000), we glean the following relevant facts: In August 1996, Madeline Jackson and her dog, a 60-pound Labrador/shar-pei mix, moved in with her mother, Mary R. Jackson, at 3508 South-view Ave., Montgomery; Mary was suffering from lung…