Tri City Building Components, Inc. v. Plyler Construction Co.

PHILLIPS, Judge.

The order of summary judgment was erroneously entered for two reasons. It is therefore vacated and the case is remanded to the Superior Court for trial.

One reason the summary judgment was erroneous is that an issue of fact as to whether plaintiffs trusses were defective — the dominant issue upon which defendant’s affirmative defense and counterclaim both rest — was raised by the evidence that was before the court. Plaintiff took the deposition of Robert H. Plyler, who had helped operate the defendant construction company for five years and was there when the trusses fell. He…