Keough v. Wimpy ex rel. Wimpy

RYDER, Acting Chief Judge.

Tim Keough, d/b/ Garden World Nursery, Inc., seeks review of the trial court’s order of final summary judgment in favor of appellees in this negligence action. We reverse.

Keough filed a negligence action against appellee, Archie J. Wimpy, alleging that Wimpy was in the process of catching and burning lizards next to Keough’s business when Wimpy caused gasoline to ignite Keough’s business. Following the depositions of Wimpy and his companion, David Nicholson, Wimpy filed a motion for summary judgment. The motion alleged that Wimpy was not responsible for setting the…