Dunn v. Progress Industries, Inc.

OPINION

GRANT, Judge.

This appeal arises out of an action by appellant, Stanley M. Dunn (Dunn), to recover damages for personal injuries sustained as a result of a truck accident. The trial court granted summary judgment in favor of appellee, Progress Industries, Inc. (Progress). Guided by the principle that summary judgment is improper provided there is any genuine issue of material fact, Livingston v. Citizen’s Utility, Inc., 107 Ariz. 62, 481 P.2d 855 (1971), we consider the facts of this case in a light most favorable to Dunn. See Farmers Ins. Co. of Ariz. v. Vagnozzi, 138 Ariz. 443, 675…