Elmer G. Fleming, an Incapacitated Person, by and Through His Wife and Guardian, Wanda A. Fleming v. Sanders Lead…

Summary

The court reversed the summary judgment entered for the defendants on the plaintiffs' negligent- and wanton-inspection claims and remanded for further proceedings. Because the defendants' summary-judgment motion challenged causation only as to the earlier claims concerning the absent backup alarm, it did not shift to the plaintiffs the burden of producing evidence of proximate causation on the later-added inspection claims. Chief Justice Moore concurred in the result.