Tompkins v. Log Systems, Inc.

WELLS, Judge.

Plaintiff contends that the trial court erred in granting defendant’s motion for summary judgment for two reasons: First, plaintiff asserts that the present action is substantially similar to the prior action which was voluntarily dismissed. Summary judgment in defendant’s favor had been denied in that cause of action. Plaintiff also , asserts that the evidence presented raises a genuine issue of material fact, including whether the negligence of defendant proximately caused the death of plaintiff’s decedent.

In his first assignment of error plaintiff contends that because summary…