Layfield v. Department of Transportation

Under the majority opinion, summary judgment will never be appropriate so long as a party can find an expert to make a statement *853supporting that party’s case, even if that statement is nothing more than an unsupported conclusion. Because Layfield failed to put forth any evidence supporting her claim that the accident was caused by the defective condition of the road, other than the purely speculative and conclusory statement of an expert, the Court of Appeals correctly affirmed the trial court’s grant of summary judgment to the defendants in this case. Accordingly, I dissent.

As the Court of…