Wakefield v. AR Winter Co., Inc.

Hall, Presiding Judge.

“Here we start with the general proposition that issues of negligence, including such related issues as wanton or contributory negligence, are ordinarily not susceptible of summary adjudication either for or against the claimant, but should be resolved by trial in the ordinary manner.” 6 Moore’s Federal Practice (2d Ed.) 2583, § 56.17 [42], “Summary judgment will not usually be as feasible in negligence cases, where the standard of the reasonable man must be applied to conflicting testimony, as it is in other kinds of litigation. . . Even where there is no dispute as to…