Roth v. Flom

PEARSON, Judge.

The plaintiff appeals from a summary final judgment for the defendant. The cause came on before the trial judge upon motions for summary judgment filed by both the plaintiff and the defendant. The cause was at issue and there were on file depositions of the plaintiff and the defendant and an affidavit of the plaintiff. In addition certain photographs were introduced and used by agreement of the parties. The trial judge correctly determined that there was no issue of material fact and that the defendant was entitled to a judgment as a matter of law.

It is concluded that the…