Jacobson v. JC Penney Co., Inc.

MITCHELL, Judge.

The plaintiffs sole assignment of error is that the trial court erred in granting the defendant’s motion for summary judgment. In order to be entitled to summary judgment in his favor, a claimant must show that there is no genuine issue as to any material fact concerning his entire claim or a defense thereto and that the material facts show as a matter of law that he is entitled to judgment on his claim. A defending party may show as a matter of law that he is entitled to summary judgment in his favor by showr ing that there is no genuine issue of material fact concerning one…