Allstate Insurance v. Hugh Cole Builder, Inc.

MEMORANDUM OPINION AND ORDER

ALBRITTON, Chief Judge.

I.INTRODUCTION

This matter comes before the court on a Motion for Summary Judgment (doc. # 51) filed by Plaintiff Allstate Insurance Co. (“Allstate”) on December 7, 2000. Allstate asserts that the court should grant it summary judgment on its negligence claim against Defendants Hugh Cole Builder, Inc. (“HCB”) and Hugh Cole (“Cole” or collectively, “Defendants”). The court has jurisdiction based on diversity of citizenship. For the reasons to be discussed, Plaintiffs Motion for Summary Judgment is due to be DENIED.

II.SUMMARY JUDGMENT STANDARD

Und…