Webber v. Armstrong World Industries, Inc.

There are two issues which arise in this appeal as a result of summary judgment having been entered against plaintiff in this asbestos injury case: (1) whether the movant in a summary judgment motion can prove the absence of a genuine issue of material fact by demonstrating that a nonmovant cannot prove an essential element of his case at trial; and (2) whether the Jones affidavit created a genuine issue of material fact.

Our answer is affirmative as to issue (1) and negative as to issue (2). In so deciding, we affirm the trial court’s entry of summary judgment.

On December 20, 1991, the…