Broadfoot v. Citizens & Southern National Bank

Cooper, Judge.

This appeal, the third case from the same set of facts to appear before this court, arises from the trial court’s grant of appellee’s motion for summary judgment.

Appellants Marie and Pierre Merlot and Broadfoot, as trustee in bankruptcy for the Merlots’ restaurant, brought this action against appellee and other named parties for severe damage to their restaurant caused by the collapse of brick veneer from the wall of an adjacent building onto property rented by the Merlots. As a result, the restaurant closed and went into bankruptcy.

Abco Builders, Inc. (“Abco”) was the original…