Abraham v. Andrews Trucking Co.

TAYLOR, Justice.

In this wrongful death action, appellant seeks relief from a grant of summary judgment in favor of appellee. The dispositive issue is whether appellee owed a legal duty to the decedent. In addition, we will address the allocation of costs upon summary judgment.

I. ISSUES

Appellant states the issues as:

1. Did the trial court err in granting summary judgment to appellee Andrews Trucking Company?

2. What is the proper standard for the award of costs, if any, in a case decided by summary judgment?

Appellee restates the issues:

1. Given the facts particular to this case, did appellee…