Bay v. Funk

Pierron, J.:

Brian Bay, plaintiff, appeals from the district court decision granting summary judgment to defendant Michael Funk. Bay claims there are disputed questions of material fact that make this case unsuitable for summary judgement. We affirm.

On December 20, 1990, Brian Bay was employed as a security guard for Midwest Security Systems. Bay was under contract to Exide Corporation. Bay’s job duties included inspecting trucks leaving the plant. To accomplish this inspection, the truck would pull over to the far right-hand side of the road, and Bay would walk around the truck to inspect the…