Sholer v. ERC MANAGEMENT GROUP, LLC

WATT, J.;

"1 The dispositive issue1 presented is whether sufficient evidence was presented *40during the summary proceedings to create a question of fact on the open and obvious nature of the danger of diving head first into the pool owned and operated by the apartment complex. We have reviewed the merits of the summary judgment proceeding in light of the heavy burden, especially pronounced in negligence suits, resting on the moving party. Before a court may properly grant such a motion it must clearly appear that the movant is entitled to judgment as a matter of law, viewing the supporting…