Heimanson v. Meade

I find the third division of the majority opinion highly disturbing, and dissent therefrom, because as written it is an invitation to any litigant to file sham defenses and ambush the court into granting a jury trial because the opposing party failed to negate an alleged defense which is itself so conclusory, and so vague, that its purport cannot be determined from the pleadings. This makes shambles of the concept of the legal purpose of motions for summary judgment, and defeats the intent of a just, speedy and inexpensive determination of every action. Code § 81A-101.(a) The sixth defense to…