Brown v. State

Robinson, J.,

¶ 26. dissenting. If I were a factfinder faced with the evidence presented by the parties in connection with this summary judgment motion, I might well find for defendants. But that is not our role on summary judgment. See Booska v. Hubbard Ins. Agency, Inc., 160 Vt. 305, 309, 627 A.2d 333, 335 (1993) (“Summary judgment is not a substitute for a determination on the merits, so long as evidence has been presented which creates an issue of material fact, no matter what view the court may take of the relative weight of that evidence.” (quotation omitted)). In determining whether, on…