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Walker v. Hammock

The homeowners were not liable for the injuries the plaintiff sustained when his sister-in-law pushed him off the back porch of the owners' home.

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Warren Walker’s sister-in-law, Melinda Walker, pushed him off the back porch of the residence of Leslie Hammock and Renee Sullivan, and he severely dislocated his ankle in the fall. Warren Walker sued his sister-in-law, Hammock and Sullivan for damages. The trial court granted Hammock’s and Sullivan’s motion for summary judgment, and Warren Walker appeals. We affirm because when Melinda Walker intentionally pushed her brother-in-law off the porch, her actions became the sole proximate cause of his injuries.

On appeal of the grant of summary judgment, this court applies a de novo review of the evidence to determine whether any genuine question of material fact exists.1 Summary judgment is appropriate where the moving party can show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.2 A defendant meets this burden by “showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.”3

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