Yates v. Haley

EAGLES, Judge.

Plaintiffs contend that the trial court erred in granting defendant’s motion for summary judgment. Plaintiffs argue that genuine issues of material fact exist as to whether the puddle was a hidden danger about which defendant knew or should have known. We agree.

Under O.S. 1A-1, Rule 56(c) defendant is entitled to summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that [defendant] is entitled to a judgment as a matter of law.”…