Melton v. Gilleland & Sons, Inc.

Beasley, Judge.

Appellant Melton brought an action against appellee seeking damages for injuries sustained by Melton on late Saturday afternoon, July 16, 1983, when he stepped onto a road and was struck by a truck owned by defendant and being driven by its employee, Clay. The complaint contained two counts, one predicated on respondeat superior and the other on negligent entrustment. After filing an answer and obtaining discovery, defendant moved for summary judgment.

An affidavit and deposition were filed in support of the motion. The affidavit was by defendant’s president, who related that…