Wilson v. McCullough

Benham, Judge.

As appellant Wilson was driving a truck along a road beside the property of appellee McCullough, a tree fell into the road into Wilson’s path. The tree had fallen after being pushed by a bulldozer owned by Herndon and operated by Flowers, who was working on land owned by McCullough at the time of the incident. Appellant was injured when his truck struck the tree, and he filed suit against McCullough, Flowers, and Herndon, Flowers’ regular employer. This appeal follows the grant of summary judgment to McCullough.

In making its decision, the trial court concluded that Flowers was…