Spirgis v. Circle K Stores, Inc.

STUBBLEFIELD, Judge.

The central question in this appeal is whether District Court Rule 4(e), 12 O.S. Supp.1986, ch. 2, app., requires that summary judgment be granted to a movant when the opposing party does not file a brief in opposition. We hold that it does not and reverse.

I

On April 25, 1985, Michael Stephen Spir-gis filed a petition in the District Court of Oklahoma County seeking $75,000 damages from Circle K Stores, Inc., for an injury he incurred on October 6,1984, when he stepped into a pothole in the business parking lot of a Circle K retail store.

In its answer, Circle K denied all…