Gross v. Midwest Speedways, Inc.

Of the various trial court rulings challenged on this appeal, the first is the trial court’s denial of Midwest’s motion for summary judgment. This motion was based on the decision of this court in the first appeal involving the same parties and the same claim.1 If the denial of the motion for summary judgment is before us on this appeal, the propriety of that denial is dispositive of this appeal. For if the trial court erred in denying summary judgment, a reversal is required and summary judgment in favor of Midwest must be granted. However, if the trial court did not err in denying the…