Matthews v. Wilson

Ebbrhardt, Judge.

Matthews’ motion for summary judgment on the counterclaim should have been granted. The only matter in the record indicating any negligence on his part is Wilson’s statement in the interrogatories as to the specifications of negligence he relied upon. These, of course, are conclusions and not statements of facts. “In considering depositions and affidavits in support of or in opposition to motions for summary judgments the facts contained therein, and not the conclusions stated, determine whether a genuine issue of fact exists.” Varnadoe v. State Farm Mut. Auto. Ins. Co., 112…