King v. Midas Realty Corp.

Sognier, Chief Judge.

The administrator of the estate of Cleveland King, the widow of Willie Fitzpatrick, and Joseph Hooks each brought suit against Midas Realty Corporation, as owner, and D & M Contractors, Inc., the general contractor, seeking damages arising out of the collapse of a wall under construction by D & M for Midas Realty. The trial court granted the defendants’ motions for summary judgment; the plaintiffs, in this joint appeal, challenge only the grant of summary judgment in favor of Midas Realty.

The record establishes that D & M contracted with appellee to build a muffler shop…