These appeals are from the trial court’s rulings on summary judgment in an action for personal injuries arising out of an automobile collision. D. R. Horton, Inc. was a subdivision developer. In December 2006, Gary Hall was driving on Pleasant Hill Road near the front of the subdivision when he saw construction barrels in the middle of his travel lane. Hall brought his vehicle to a stop and waited to change lanes. As he waited, his vehicle was rear-ended by another vehicle. After his vehicle was struck, he noticed a cement truck in the roadway, beyond the subdivision entrance, apparently being used in the construction of a sidewalk. Hall filed an action against the driver of the second vehicle, against D. R. Horton, and against John Doe, alleging inter alia that D. R. Horton was negligent in entrusting operation of the construction site to John Doe, in failing to properly train and supervise John Doe when D. R. Horton knew or should have known that the failure to adequately mark the lane closure created a hazard, in failing to properly place warning signs, and in failing to take other steps to reduce the hazard and danger to others on the roadway. D. R. Horton answered the complaint and filed a third-party complaint against several contractors and their insurance carriers, including JNJ Foundation Specialists, Inc. and its insurance carrier Columbia National Insurance Company, and Brent Scarbrough & Company, Inc. and its insurance carrier Westfield Insurance Company. D. R. Horton moved for summary judgment as to each of these third-party defendants, and they filed cross-motions for summary judgment. These appeals are from the court’s order granting D. R. Horton’s motion for summary judgment as to JNJ and denying the remaining motions for summary judgment. We affirm the judgment in Case Nos. A11A0542, A11A0543 and A11A0544. We reverse the judgment in Case No. A11A0545.
Summary judgment is proper only when no issue of material fact exists and the moving party is entitled to judgment as a matter of law.1 When reviewing the grant or denial of a motion for summary judgment, this court conducts a de novo review of the law and the evidence.2
