Benny Davenport filed this action against Cummins Alabama, Inc., Precision Husky Corporation, Bristol Timber Company, and Bobby Moore Bristol Timber’s president for injuries he suffered after a whole-tree chipper he was operating caught fire.1 Cummins Alabama moved for summary judgment, arguing that it cannot be held strictly liable because it did not manufacture the allegedly defective chipper and that it had no duty to discover any defect. Cummins Alabama also moved to strike the expert affidavit Davenport filed in opposition to the summary judgment motion. The trial court granted Cummins Alabama’s motion to strike the expert affidavit after finding that the affidavit “contains inadmissible statements and fails to create an issue of fact” for the case. The trial court also granted Cummins Alabama’s motion for summary judgment.2 Davenport appeals, contending the trial court erred in granting Cummins Alabama’s motion to strike and that questions of material fact remain regarding whether Cummins Alabama qualifies as a manufacturer of the chipper and whether it negligently performed or failed to perform a duty to inspect. For the reasons which follow, we affirm. “On appeal from the grant of summary judgment the appellate court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Citation and punctuation omitted. Munroe v. Universal Health Svcs. , 277 Ga. 861, 864-865 2 596 SE2d 604 2004.
Viewed in the light most favorable to Davenport, the record shows the following undisputed facts. In March 2000, Bristol Timber hired Davenport, as an independent contractor, to supply a chipping crew to cut timber, make wood chips on site, and transport the chips to the buyer. Bristol Timber provided Davenport and his crew with a chipper to use. On March 31, 2000, the chipper caught fire while Davenport was operating it, and Davenport was severely injured.
