Crews v. Seven Springs Mountain Resort

LALLY-GREEN, J.,

Dissenting.:

¶ 1 Appellant, Thomas H. Crews, appeals from an order of the trial court that granted the Motion for Judgment on the Pleadings of Appellee, Seven Springs Mountain Resort. The majority would reverse the order of the trial court and I would affirm. Hence, I respectfully dissent.

¶ 2 I start with the appropriate standard and scope of review. The standard of review of an order granting judgment on the pleadings is as follows:

We must accept as true all well pleaded statements of fact of the party against whom the motion is granted and consider against him only those…