On August 8, 2005, Wendy Stallman was killed and two of her children were injured after she came in direct contact with an electrified power line owned and maintained by Diverse Power, Inc. Edward Meadows, as administrator of the estate of Mrs. Stallman, and Mrs. Stallman’s husband and children collectively, “the Stallmans” sued Diverse Power, claiming that it negligently maintained and inspected the utility pole and power line at issue. The trial court granted summary judgment to Diverse Power, finding that even if Diverse Power was negligent, i its negligence was not the proximate cause of Mrs. Stallman’s death or her children’s injuries, ii Mrs. Stallman could have avoided harm by exercising ordinary care, and iii Mrs. Stallman voluntarily assumed the risk of contact with the live wire. On appeal, the Stallmans claim that the trial court erred because its findings were based on questions of fact that should have been reserved for a jury. We find no error, however, and affirm. We review a grant of summary judgment de novo, viewing the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the non-movant.1 A defendant demonstrates entitlement to summary judgment by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case. “The defendant does not need to affirmatively disprove the plaintiff’s case, but may prevail simply by pointing to the lack of evidence. If the defendant does so, the plaintiff cannot rest on his pleadings, but must point to specific evidence that gives rise to a triable issue of fact.”2
So viewed, the evidence shows that at approximately 6:00 p.m. on August 8, 2005, 16-year-old Michael Stallman was driving a truck on Alverson Road in Troup County, with his mother and sister as passengers. Michael’s cell phone began ringing, and the truck swerved off the roadway onto the right shoulder as either he or his sister tried to answer it. As Michael attempted to recover control of the truck, it veered across the road onto the left shoulder, moved back into the roadway, spun approximately 180 degrees, entered the right shoulder, and struck a wooden utility pole located 24 feet from the edge of the road.
