Opinion
55136.
ARGUED JANUARY 18, 1978.
DECIDED FEBRUARY 20, 1978.
Action for damages. Richmond Superior Court. Before Judge Pierce.
Allgood, Childs Brown, Richard R. Mehrhof, Jr., for appellant.
Jay Sawilowsky, David M. Zacks, Raymond G. Chadwick, Jr., Gould Hagler, for appellees.
Plaintiff Walter Bennett brought this suit to recover damages for personal injuries received when he fell while climbing a ladder. It was alleged that the fall was caused by the negligence of the defendant Kuhlke. Subsequently, Kuhlke, as third-party plaintiff, impleaded the Carpet Shop as third-party defendant, alleging that the third-party defendant by its negligence caused plaintiff's injuries. Kuhlke appeals from the trial court's grant of the third-party defendant's motion for summary judgment.
An examination of the pleadings and the evidence submitted show that there are genuine issues of material fact for resolution by a jury concerning the factual question as to which party defendant replaced the ladder as well as on an issue of independent intervening cause. It was error to grant the motion.
Judgment reversed. Shulman and Birdsong, JJ., concur.