Walker v. Howell

JONES, Justice.

In a co-employee suit, the trial court, entered summary judgments in favor of the defendants, United States Fidelity and Guaranty Company, Inc. (“USF & G”), and Harry Howell, president of Howell Plywood Company. The plaintiff, Willie Earl Walker, had lost three fingers in a Howell Plywood chipper that he was attempting to clean. Walker appeals only from the judgment in favor of Howell.

On appeal, the sole issue is whether the evidence, either that in support of, or that against, the motion for summary judgment presents a triable question of fact.1 Because we hold, after…