WHATLEY v. CARDINAL PEST CONTROL

79-198.

388 So.2d 529 (1980)

Timothy G. WHATLEY v. CARDINAL PEST CONTROL.

Supreme Court of Alabama.

September 19, 1980.


Attorney(s) appearing for the Case

Ruben K. King, Montgomery, for appellant.

H. E. Nix, Jr. of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for appellee.


PER CURIAM.

Timothy G. Whatley challenges the trial court's grant of the defendant's motion for summary judgment in a suit claiming personal injuries in consequence of Cardinal Pest Control's negligent application of a pesticide chemical compound known as "Purge."

We begin our review by reaffirming the general proposition-too well settled to require citation of authority-that rarely is summary judgment appropriate in a claim based upon negligence. Stated another...

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