Waits v. CROWN DODGE CHRYSLER PLYMOUTH

The plaintiff, James Waits, appealed from a summary judgment in favor of the defendant, Crown Dodge Chrysler Plymouth, Inc. ("Crown Dodge"). His appeal was deflected to this Court by the Alabama Supreme Court pursuant to § 12-2-7(6), Ala. Code 1975. We reverse and remand.

Rule 56(c), Ala.R.Civ.P., provides that a summary judgment is appropriate if "there is no genuine issue as to any material fact and . . . the moving party is entitled to a judgment as a matter of law." It is well settled that a party moving for a summary judgment has the burden of establishing that no genuine issue of…