Delta Sales Yard v. Patten

Opinion by

Judge HUME.

Delta Sales Yard, plaintiff, appeals the summary judgment entered by the trial court in favor of Pepper Patten, defendant. We affirm.

On November 26, 1990, plaintiff filed a complaint against defendant and Joseph R. Schrader, not a party to this appeal. The complaint alleged that on December 5, 1988, defendant, a state brand inspector, acting in a willfully and wantonly negligent manner permitted the resale of cattle without the proper title clearance and that plaintiff was injured thereby.

As an affirmative defense, defendant raised the one-year statute of limitation…