Marshall v. Miles

The complaint alleged that at the request of the defendant, plaintiff engaged in measuring the roof of defendant’s house for the purpose of estimating the number of shingles necessary for replacement. While on the roof, plaintiff slipped and fell to the ground. Plaintiff alleged the fall was proximately caused by the negligence of the defendant. Defendant answered, denying each of the material allegations in the complaint and, as an affirmative defense, claimed the accident was caused by the plaintiff’s own negligence.

Defendant’s affidavit in support of the motion for summary judgment stated…