Rothrock Ex Rel. Estate of Rothrock v. Copeland

Harwell, Justice:

We granted petitioner Timothy L. Copeland’s petition for writ of certiorari to review the Court of Appeals’ decision 1 in this wrongful death action. The trial judge granted summary judgment in favor of petitioner. The Court of Appeals reversed and ordered a new trial. Because we find the evidence presents no genuine issue of material fact, we reverse the decision of the Court of Appeals and reinstate the order of the trial judge granting petitioner’s motion for summary judgment.

I. FACTS

Respondent Deborah Ann B. Rothrock commenced this wrongful death action after her husband…