Gavitt v. Swiger

Miller, Justice:

This case involves the validity of a summary judgment granted against Gladys G. Swiger and her husband, A1 Swiger, defendants in a civil action brought by the plaintiff, J. E. Gavitt, the Committee for Charles Henry Wehn, an incompetent. We hold the trial court erred in granting summary judgment.

The legal standard for disposing of a case by way of summary judgment is plain. It should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law. Judge Haymond in Aetna…