Jordan v. Jones

MEYER, Justice.

The sole question before the Court in this case is whether there exists any genuine issue of material fact concerning the DOT’s alleged negligence to be submitted to a jury. We hold that defendants’ forecast of the evidence raised genuine issues of material fact and that it was improper for the trial court to grant the DOT’s motion for summary judgment.

To make out a case of actionable negligence the plaintiff must introduce evidence tending to show that (1) defendant failed to exercise proper care in the performance of a duty owed to plaintiff; (2) the negligent breach of that…