Midway Railroad Construction Co. v. Beck

Phipps, Judge.

Nancy Beck, as executrix of the estate of Jimmy Beck, sued Theron Beck and Midway Railroad Construction Company, Inc. (Midway) on various tort and contract claims. Midway filed a counterclaim against Beck for nonpayment of certain promissory notes made by the deceased. On cross-motions by Beck and Midway, the trial court awarded summary judgment to Beck on her tort claim against Midway and denied summary judgment to Midway as to its claims on the notes. Midway appeals. We affirm.

To prevail at summary judgment, the moving party must demonstrate that there is no genuine issue of…