Folmar v. Montgomery Fair Company, Inc.

MADDOX, Justice (dissenting).

Although I can admit that this is a close case, I believe the trial court was correct in granting summary judgment in this particular case.

This is a negligence action and I realize that, as a general proposition, issues of negligence are ordinarily not susceptible to summary adjudication. See Committee Comments, ARCP, Rule 56. Nevertheless, a motion for summary judgment may be granted, even in a negligence action, when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show two things: (1) that…