Whatley v. Cardinal Pest Control

Timothy G. Whatley challenges the trial court's grant of the defendant's motion for summary judgment in a suit claiming personal injuries in consequence of Cardinal Pest Control's negligent application of a pesticide chemical compound known as "Purge."

We begin our review by reaffirming the general proposition — too well settled to require citation of authority — that rarely is summary judgment appropriate in a claim based upon negligence. Stated another way, this Court is firmly committed to a rule of extreme caution in its review of a summary judgment granted in a tort claim context. But not…