This wrongful death and survival action stems from the death of Ronald Lee Tapley, who died as the result of inhalation of exhaust fumes from a used automobile that he had recently acquired from defendant G & G Auto Sales (G & G). The vehicle bore a safety inspection sticker issued earlier by defendant Golden Big O Tires (Big O). The decedent's parents, Hermon L. Tapley and Cora E. Tapley, brought the wrongful death action in Jefferson County District Court against G & G, its owners and one of its employees, and against Big O and one of its employees. Hermon L. Tapley, as administrator of his son's estate, also asserted a survival claim against the defendants. The trial court granted Big O's motion for summary judgment, and the plaintiffs appealed. We affirm in part, reverse in part, and remand this case to the trial court with directions.
