Smith v. L.J. Lewis Enterprises, Unpublished Decision (9-28-2001)

For the reasons that follow, I respectfully dissent from that portion of the majority opinion which concludes that it was appropriate for the trial court to grant summary judgment in favor of appellee on appellant's negligence claim involving an injury to his right hand.

Pursuant to Civ.R. 56, summary judgment is appropriate when: (1) there is no genuine issue of material fact; (2) the moving party is entitled to judgment as a matter of law; and (3) reasonable minds can come to but one conclusion and that conclusion is adverse to the non-moving party, said party being entitled to have the…