Mills v. Cone Bros. Contracting Co.

McNULTY, Judge.

This appeal is brought by Shirley Mills, plaintiff below, from an order granting a partial summary judgment eliminating her claim for punitive damages in her negligence action against appellee, Cone Brothers Contracting Company. We agree with appellant’s contention that there was a jury question as to liability for punitive damages and, therefore, must reverse.

The rule with regard to summary judgments concerning punitive damages is no different than that in other summary judgment cases. As has been stated by our sister court in the third district:1

“If there is any evidence…