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Barclay v. Stephenson

The defendants were entitled to summary judgment in the personal injury action arising after the plaintiff fell off a ladder he brought to the defendants' property in order to get a stuck chainsaw out of a tree, because the plaintiff's knowledge of the ladder and its use was at least equal to the defendants'.

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Thomas Stephenson and his wife sued Mary Barclay, Carol Johnson, and Thomas Johnson for damages sustained when Stephenson fell on property belonging to Barclay and occupied by the Johnsons.1 Barclay’s umbrella liability insurance carrier, Government Employees Insurance Company “GEICO”, later filed a declaratory judgment action, seeking a determination of coverage. Following discovery, Barclay and the Johnsons moved for summary judgment in the personal injury suit, and GEICO sought summary judgment in the declaratory judgment action. The trial court denied the motions filed by Barclay and the Johnsons, but granted GEICO’s motion. These appeals followed. For reasons that follow, we reverse the denials of summary judgment in the personal injury action and affirm the grant of summary judgment to GEICO.

Summary judgment is appropriate when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”2 We review a trial court’s summary judgment ruling de novo, construing the evidence and all reasonable inferences favorably to the nonmovant.3

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