Bogdanski v. Budzik

HILL, Justice,

concurring in part and dissenting in part, in which KAUTZ, J., joins.

[¶39] I concur with the majority opinion’s adoption of the McHajfie Rule and the opinion’s disposition of Mr. Bogdanski’s negligent training claim against FedEx. I disagree, however, that triable issues of fact preclude summary judgment on Mr. Bogdanski’s vicarious liability claim against FedEx, and I therefore respectfully dissent from the reversal of the district court’s grant of summary judgment.

[¶40] My disagreement with the majority opinion stems from my view of how a movant must meet its initial summary…