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VAN KNIGHT v. SMOKER

1981238.

778 So.2d 801 (2000)

Mary VAN KNIGHT and Gaye F. Garnett as conservators of the estate of Helen H. Fillingim, non compos mentis v. Gregory A. SMOKER et al.

Supreme Court of Alabama.

August 18, 2000.

Attorney(s) appearing for the Case

C. Knox McLaney III of McLaney & Associates, P.C., Montgomery, for appellants.

Christopher J. Hughes and Judy B. Van Heest of Beers, Anderson, Jackson, Nelson, Hughes & Patty, P.C., Montgomery, for appellee Gregory A. Smoker.

Harry Cole and John M. Milling, Jr., of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, for appellee Piggly Wiggly Alabama Distributing Co., Inc.

E. Ham Wilson, Jr., and Emily C. Marks of Ball, Ball, Matthews & Novak, P.A., Montgomery, for appellee Virginia Smith and Grady Smith.

Crawford S. McGivaren, Jr., and John M. Graham of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for appellee Piggly Wiggly Company (formerly known as Piggly Wiggly Corporation).

JOHNSTONE, Justice.

The plaintiffs, Mary Van Knight and Gaye F. Garnett, as conservators of the estate of Helen H. Fillingim, non compos mentis, appeal from the trial judge's summary judgment in favor of the defendants, Piggly Wiggly Corporation; Piggly Wiggly Alabama Distributing Company, Inc.; Smoker, Inc.; Gregory A. Smoker; H. Grady Smith; and Virginia Smith. The only issue raised by the plaintiffs is whether the trial judge erred in conducting a hearing on November...

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