Timothy Lee Malone v. Anthony Viele

Syllabus

This is a negligence case arising out of an injury suffered by the plaintiff when he fell off a ladder at the defendant's cabin which was then under construction. The trial court granted the defendant's motion for summary judgment, holding that there was no genuine issue as to any material fact and that the plaintiff's evidence was insufficient to establish his claim. The plaintiff appeals. We conclude that there is no dispute of material fact and that summary judgment in favor of the defendant was properly granted. Accordingly, we affirm.