Rach v. Kleiber

Michael Rach appeals from a judgment of the circuit court dismissing his complaint based on an order granting Kleiber’s and Klingbeil’s motions for summary judgment. Because reasonable alternative inferences may be drawn from the undisputed material facts, we conclude that summary judgment was not appropriate on every cause of action in this case. Accordingly, we reverse and remand for trial. However, because no issues of material fact exist as to Rach’s cause of action for breach of express warranty, we conclude that summary judgment was properly granted on that issue and affirm.

The…