Harper v. Guarantee Auto Stores

ROBERTSON, Judge.

David H. Harper appeals a summary judgment entered in favor of defendant, Guarantee Auto Stores (Guarantee). 1 We reverse because we find genuine issues of material fact.

The facts which the trial court had before it in ruling on the summary judgment show that an employee of Guarantee installed a tire on co-defendant Barbara Hacker’s automobile and in so doing removed Hacker’s spare tire and transferred it and a jack to the wheel well of Hacker’s 1983 Chevette Hatchback Scooter. The wheel well is located in the passenger compartment of that automobile. Approximately three…