Hopkins v. Hudgins & Co.

Birdsong, Presiding Judge.

William Alfred Hopkins and Joyce Hopkins appeal the state court’s order granting appellee/defendant Hudgins & Company’s motion to dismiss or, in the alternative, motion for summary judgment.

Appellant William Hopkins (hereinafter appellant) purchased a metal, roll-up, garage-type door from appellee; appellee’s personnel estimated its weight as ranging between 200 and 400 pounds. Parts to the door were loaded on appellant’s truck in appellee’s supply yard. Appellant, by way of deposition, testified he was standing several feet behind his truck when he was hit by…