Witmat Development Corp. v. Dickison

OPINION

MATHIAS, Judge.

Randall Dickison, individually and as personal representative of the Estate of Gregory Dickison ("the Estate"), filed a complaint in Clay Superior Court against Witmat Development Corporation ("Wit-mat") alleging that Witmat negligently failed to warn of a water-filled strip pit adjacent to a public highway, which pit is located on Witmat's property. Witmat moved for summary judgment arguing that it owed no duty to Gregory Dickison ("Dickison"), or in the alternative, that Dickison's own negligence was the cause of the accident that resulted in his death. The trial court…