Upton v. Heaton

INGRAM, Justice.

Mitch Upton sued Betty Heaton, Dinah Etchison, and Mary Frances Bowman (hereinafter referred to collectively as “Heaton”) for damages based on harm he claimed to have incurred when a roofing company’s employee fell through the roof on the leased building in which Upton was conducting his business. The trial court entered a summary judgment for Heaton. Upton appeals.

Upton operated an automotive parts business and machine shop in a building leased from Heaton.1 The lease was a month-to-month tenancy under an oral agreement. In 1993, Heaton, after noticing a hole in the roof of…