Supreme Court of Alabama October 26, 2007, 1050285 (Warren v. Hooper)

Howard Michael Warren appeals from a summary judgment in favor of the defendant, John Scott Hooper. We reverse and remand. I. Factual Background The facts that can be gleaned from the record on appeal are meager; however, the documents submitted by Hooper, the admissions in his answer, and the affidavits of Warren, Hooper, and David Eason, who is not a party to this case, reveal the following: