Bills v. Lowery

Miller, Judge.

Carol M. Bills, as the widow of David J. Mesicek and as the administratrix of his estate, brought the instant wrongful death action against James L. Lowery, individually, and James L. Lowery d/b/a Molly B. Tire Service (collectively “Lowery”). The trial court granted summary judgment in favor of Lowery, and Bills filed this appeal. Finding that genuine issues of material fact exist on the issues of negligence, proximate cause, and assumption of the risk, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment…