Fisher v. Scott & Fetzer Co.

MANFORD, Judge.

This is a direct appeal from a summary judgment. The judgment is reversed and the cause is remanded.

Appellants present two points, but due to the disposition of this appeal, only one point is taken up and ruled. Appellants contend that the trial court erred in granting summary judgment in favor of respondent Scott and Fetzer Co. because there existed a genuine issue of fact relative to'respondent’s alleged liability relative to the defective manufacture of a trailer hitch.

The record reveals the following pertinent facts:

At about 10:00 p.m. on July 25, 1979, appellant Worley…