Odister v. Leach

MlKELL, Judge.

Dewitt Odister filed a negligence action against Ernest R. Leach and Romayne R. Leach to recover damages for injuries he sustained while cutting a tree limb on the Leaches’ property. The trial court granted summary judgment to the Leaches, holding that the undisputed evidence demonstrated that Odister assumed the risk of his injuries. We agree and affirm.

Summary judgment is appropriate when there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law.1 On appeal from the trial court’s ruling, our review is de novo, and we construe the…