BARNES, Judge.
Cecil Gilstrap sued Dean Head, alleging that Head's negligence proximately caused him to fall while trimming a tree limb on Head's property. Head denied liability and moved for summary judgment. The trial court granted Head's motion, ruling that, as to the defense of contributory negligence, the evidence showed that Gilstrap "failed to use ordinary care for his own safety, and in doing so, failed to avoid any negligence of the Defendant which was apparent...
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