Fischer v. Heckerman

I concur with the majority that, based on the record as a whole, a summary judgment should not have been granted. However, I must also note that if no new or additional evidence is adduced at trial the court might be entirely justified in granting a directed verdict under the authority of Bennett v. Kissinger, 313 Ky. 417, 231 S.W.2d 74 (1950).