Whitlock v. Triangle Grading Contractors Development, Inc.

HUNTER, Robert C., Judge.

Plaintiff James Smith Whitlock III appeals from the trial court’s orders (1) denying his motion to strike an affidavit submitted by defendants Triangle Grading Contractors Development, Inc. (“TGCD”) and Mario Ernesto Linares in support of their motion for summary judgment, (2) granting defendants’ motion for summary judgment, and (3) denying plaintiff’s motion for a new trial. We agree with plaintiff’s primary contention that the trial court erred in entering summary judgment in favor of defendants, and, consequently, we reverse the court’s order.

Facts

At approximately…