Patrick v. Miller

HOLMES, Judge.

This is a workmen’s compensation case.

The employee appeals from a judgment granting employer’s motion for summary judgment, A.R.Civ.P. 56.

The issue on appeal is whether there was a genuine issue of a material fact thereby prohibiting summary judgment. We find that there was a genuine issue of material fact and the learned trial judge erred in granting summary judgment.

At the outset, we note the employer, through able counsel, contends that our standard of review should be limited to a determination of whether there is any evi*1097dence to support the trial court’s finding; that is…