McKissick v. Giroux

Blackburn, Presiding Judge.

In this personal injury action arising out of an auto accident, defendant Bobby Gene McKissick appeals (with our permission) from the order denying him summary judgment. He argues that no evidence showed he breached any duty owed to plaintiff Donna Elaine Giroux, who was injured in the accident, or to her husband, who is suing for loss of consortium. We agree and reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.1 A de novo standard of review applies to an appeal from a grant…