Williams v. M. Kimerling & Sons, Inc.

STEAGALL, Justice.

David M. Williams, Jr., died when the truck he was riding in crashed into a guard rail located on property owned by M. Kim-erling & Sons, Inc. (hereinafter “Kimer-ling”). Joan J. Williams, as administratrix of his estate, sued Kimerling, alleging that it had acted negligently in locating, designing, erecting, and maintaining the guard rail and therefore was liable for her son’s death. Kimerling filed a motion for summary judgment, which the trial court granted. Williams appeals from the resulting judgment.

To support a motion for summary judgment, the movant must make a prima…