Jones v. General Motors Corp.

I agree with the majority that the trial court erred in granting defendant’s motion for summary judgment and that this case should be reversed and remanded. I do not, however, agree with the majority’s reasoning. In particular, I do not agree that reversal is required by virtue of a change in summary judgment law, supposedly occasioned by 1995 amendments to ORCP 47 C. The majority concludes that those amendments effectively “federalize” Oregon summary judgment law, which includes the creation of an entirely new burden on the part of the nonmoving party to establish the existence of a genuine…