Meadows v. Cigar Supply Co., Inc.

SMITH, Judge.

Plaintiffs’ sole assignment of error is directed at the trial court’s granting of defendant’s motion for summary judgment. Plaintiffs contend the trial court erred in granting defendant’s motion in that the issues of whether defendant breached a duty owed to Mr. Meadows and whether Mr. Meadows was contribu-torily negligent should be determined by a jury. We agree.

The affidavits and depositions disclose that on 6 January 1986, between 7:00 and 8:00 a.m., a Cargocare truck was backed into a loading bay area of a warehouse with the truck cab protruding into the outside eastbound…