Andre Barnwell v. Clp Corporation

Summary

The court again reversed the summary judgment for CLP because the circuit court improperly struck Barnwell's affidavit and deposition testimony after remand. The court held that the admissibility and consideration of that evidence had already been resolved in the first appeal and was binding under the law-of-the-case doctrine. Because the evidence supported Barnwell's claim and CLP had not established that the alleged dangerous condition was open and obvious, summary judgment was improper.