Tyler v. Smithers

By Judge William R. Shelton

On August 22» 1997, the parties appeared, by counsel, on the defendant’s Motion for Summary Judgment, and the Court took the matter under advisement Having considered the memoranda submitted, the arguments of counsel, the applicable law, and the trial transcript, the Court will rule as fellows.

Summary judgment is appropriate only when no material fret is genuinely in dispute and the movant is entitled to judgment as a matter of law. Va. Sup. CL Rule 3:18. Viewing the frets and all reasonable inferences to be drawn from those frets in the light most favorable to the…