Ladnier v. Hester

¶ 20. The majority finds that the circuit court erred in granting summary judgment. Because I believe that a genuine issue of material fact does not exist in this case, I dissent.

¶ 21. Summary judgment is proper “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.”1 The nonmovant cannot simply “rest upon the mere allegations or denials of his pleadings, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts…