Bowers v. Wurzburg

(Filed April 12, 2000)

I dissent because the majority opinion obliterates existing standards for challenging a motion for summary judgment. By addressing the instant appeal on the merits, the majority has instructed the bar that it is no longer necessary for a plaintiff to respond in the circuit court to a defendant’s motion for summary judgment. I will first review the procedural facts relevant to my dissent, and follow with a discussion of the applicable law.

On July 20, 1998, Gretchen L. Wurzburg (hereinafter “Ms. Wurzburg”), a defendant below, filed a motion for summary judgment. The record…