Averitt v. Rozier

MARTIN, John C., Judge.

Plaintiff contends that genuine issues of material fact exist as to his claim against both defendants, rendering summary judgment inappropriate. We agree there are genuine factual issues with respect to plaintiff’s claim against defendant Rozier and we reverse summary judgment granted in his favor. However, we conclude that no genuine issues of material fact exist as to defendant Johnson and that he is entitled to judgment as a matter of law. Accordingly, we affirm sum mary judgment dismissing plaintiff’s claim against defendant Johnson.

Summary judgment is appropriate…