Baros v. Wells

This is another case which upholds a summary judgment entered against an injured employee who sued a co-employee for culpable negligence. The majority approves the procedural disposition without jury trial and I do not. I dissent because the majority confuses the “most beneficial inference standard” with the burden of proof which this plaintiff must bear at trial. The majority sets up a standard of review for summary judgment and then, by result, does not follow the established standard.

The question of culpable negligence being decided by summary judgment has been a recent source of…