Sauter Ex Rel. Benson v. Sauter

Matson, Justice.

Appeal from a summary judgment for defendant in a personal injury action for damages.

We are concerned with the sole question of the propriety of granting defendant’s motion for a summary judgment on the issue of defendant’s negligence pursuant to Rule 56.03 of Rules of Civil Procedure which provides:

“* * * The judgment sought shall be rendered forthwith if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no germine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”…