Royce v. Yardmaster, Inc., 2007-L-080 (3-7-2008)

{¶ 44} I must respectfully dissent for the reason that I disagree with the majority that Mr. Royce failed to produce any evidence that Yardmaster breached its assumed duty of ordinary care in this case, and its analysis of the facts and inferences in this case ignores the critical mandates of the current summary judgment rubric.

{¶ 45} In considering a motion for summary judgment, a court must determine only whether reasonable minds can reach more than one conclusion on the facts. The court does not weigh the evidence, determine the merits of the case, or the credibility of the witness.Kreais…