Findley v. Griffin

Phipps, Judge.

Tommy Findley sued Joe Griffin, individually and d/b/a Five Points Grocery, alleging that Griffin’s negligence had caused him to lose sight in one eye. The trial court granted Griffin’s summary judgment motion on the grounds that Findley had failed to show any negligent conduct on Griffin’s part and that Griffin had established the affirmative defense of the assumption of the risk. Because Findley has shown that summary judgment to Griffin was error, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a…