Bingham v. C & L Electric Cooperative

I must respectfully dissent. The appel-lee and defendant below, C & L Electric, initially requested that this case be heard by a jury. Thereafter, C & L filed a motion for summary judgment alleging that there were no material facts to be decided by a jury sitting as fact-finder, and its motion was granted by the trial court.

On appeal, we review the appropriateness of a summary judgment based on whether the evidentiary items presented by the moving party leave a material fact unanswered. Wilcox v. Wooley, 2015 Ark. App. 56, 454 S.W.3d 792. We view the evidence in the light most favorable to…