Carroll Ex Rel. Carroll v. Jagoe Homes, Inc.

OPINION

SHARPNACK, Chief Judge.

Jacob Carroll, by his mother Phyllis Carroll, and Phyllis Carroll, individually (collectively the “Carrolls”), appeal the entry of summary judgment in favor of the defendant-appellees, Jagoe Homes, Inc. (“Homes, Inc.”) and Jagoe Homes and Construction Co., Inc. (“Homes & Construction”) (collectively the “appellees”). The sole issue raised for our review is whether the trial court properly entered summary judgment. We reverse and remand.

The facts most favorable to the Carrolls, the nonmovants, follow. On September 12, 1993, nine year old Jacob was severely injured…