Morris v. Smith

GOLDEN, Justice.

In this appeal we consider the issue of culpable negligence of Marshall Smith and John Dunder, employees of Cheyenne Steam Laundry, in regard to injuries received by co-employee Violet Morris from handling perchloroethylene, a chemical used in the dry cleaning industry. Morris appeals the trial court’s grant of summary judgment for both appellees.

We uphold the grant of summary judgment for Smith and reverse the trial court’s ruling for Dunder, finding his affidavit in contradiction with his deposed testimony creates genuine issues of material fact precluding summary judgment.

IS…