Johns v. Marlow

Miller, Judge.

William Scott Johns sued David Marlow for injuries he sustained when Johns’s motorcycle collided with Marlow’s horse on a public road. The trial court granted Marlow’s motion for summary judgment, and Johns appeals. As genuine issues of fact remain, we reverse.

Summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.1 When this Court reviews an appeal from a grant of summary judgment, a de novo review of the law is conducted and the evidence and all reasonable conclusions and inferences…