Rogers v. Barlow Eddy Jenkins P.A.

¶ 31. I respectfully dissent from the majority. I would reverse the judgment of the circuit court granting the motion for summary judgment and remand this case for a trial on the merits.

¶ 32. The circuit court found that the Appellants’ negligence claim against Barlow Eddy Jenkins, P.A. (Barlow Eddy) failed because the Appellants did not pres*1228ent any competent evidence to demonstrate that Barlow Eddy’s actions were the proximate cause or proximate contributing cause of Robert Gary Rogers’s (Rogers) injuries. Although the circuit court correctly pointed out that evidence of OSHA’s regulations…