Harter v. Ozark-Kenworth, Inc.

BRECKENRIDGE, Presiding Judge.

James T. Harter, Jr., filed a negligence action against Ozark-Kenworth, Inc. (“Ozark-Kenworth”), after he was allegedly injured on the company’s premises. The trial court entered a summary judgment in favor of Ozark-Kenworth, and Mr. Harter now appeals, claiming that Ozark-Kenworth breached its duty of care by failing to provide the proper equipment.

The judgment is reversed and remanded.

In reviewing the trial court’s order of summary judgment, the record is considered in the light most favorable to the party against whom judgment was entered, affording that party…