Jason v. Blanchard

MILLER, Judge.

Plaintiff Herman Jason appeals the summary judgment dismissing his workmen’s compensation claim. The trial court held that Jason’s employment was not incidental to defendant’s trade, business or occupation. We reverse.

The summary judgment remedy is not a substitute for a trial and may not be resorted to when there is a genuine issue of material fact which must be resolved. In passing upon such motions, the court’s function is not to determine the merits of issues raised, but rather, only to determine whether or not there is a genuine issue of material fact. To obtain a summary…