MOTION FOR SUMMARY JUDGMENT
SET FOR HEARING ON FRIDAY, AUGUST 24, 2007, LINE 5. DEFENDANT SUPERIOR CONSTRUCTION COMPANY'S MOTION FOR SUMMARY JUDGMENT IS DENIED. THERE ARE TRIABLE ISSUES OF FACT AS TO WHETHER THE ALLEGED DEFECT WAS PATENT OR LATENT. THE PLACEMENT OF THE SWITCH WAS OBVIOUS; ITS OPERATION WAS NOT BASED ON THE EVIDENCE PRESENTED. DEFENDANT'S OBJECTIONS TO EVIDENCE 1 AND 2 ARE SUSTAINED, 3 THROUGH 8 ARE OVERRULED. =(302/PJM/AP)
Hearing Date
August 24, 2007
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MOTION FOR SUMMARY JUDGMENT
SET FOR HEARING ON FRIDAY, AUGUST 24, 2007, LINE 5. DEFENDANT SUPERIOR CONSTRUCTION COMPANY'S MOTION FOR SUMMARY JUDGMENT IS DENIED. THERE ARE TRIABLE ISSUES OF FACT AS TO WHETHER THE ALLEGED DEFECT WAS PATENT OR LATENT. THE PLACEMENT OF THE SWITCH WAS OBVIOUS; ITS OPERATION WAS NOT BASED ON THE EVIDENCE PRESENTED. DEFENDANT'S OBJECTIONS TO EVIDENCE 1 AND 2 ARE SUSTAINED, 3 THROUGH 8 ARE OVERRULED. =(302/PJM/AP)