Micah Seamus Reynolds, et al v. Bethany Rich, et al

Micah Seamus Reynolds (“Plaintiff”) and Susan Reynolds sued Ted Rich (“Defendant”) and Bethany Rich for negligence after Plaintiff fell while assisting with the installation of a roof on a house. The defendants filed a motion for summary judgment. After a hearing, the Circuit Court for Carter County (“Trial Court”) granted the defendants summary judgment after finding and holding, inter alia, that “[t]he record fails to show any evidence of a violation of any duty to [Plaintiff] that [defendants] owed to him . . . .” Plaintiffs appeal to this Court. We find and hold that the defendants owed a duty to Plaintiff and that there are genuine disputed issues of material fact regarding whether defendants breached this duty. As such, summary judgment was granted improperly. We, therefore, reverse the grant of summary judgment and remand this case to the Trial Court for further proceedings.