American Water Service USA v. McRae

Phipps, Judge.

Gary T. McRae sued American Water Service USA (“AWS”) for breach of a contract to which he was a third-party beneficiary. The trial court subsequently granted McRae’s motion for summary judgment, and AWS appeals. For reasons that follow, we reverse.

Summary judgment is appropriate when no genuine issue of material fact remains and the movant is entitled to judgment as a matter of law. We review a grant of summary judgment de novo, construing “the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Viewed in this…