Poston v. Vanderlee

Shulman, Judge.

Appellees-plaintiffs brought suit against appellant-defendant landowner for the death of their three-year-old son.

We granted this application for interlocutory review to consider the trial court’s denial of appellant’s motion for summary judgment. We find that the defendant, as a matter of law, was entitled to summary judgment in his favor and, accordingly, reverse the denial of summary judgment.

The evidence submitted, both in support of and in opposition to the motion for summary judgment, construed most favorably to the appellees (who oppose the motion), established that…