Fry Racing Enterprises, Inc. v. Chapman

(Filed Dec. 17, 1997)

Gentlemen, start your engines. The majority has dropped the checkered flag in favor of the defendant in a speedy analysis of whether the plaintiff was shoved aside, allowing the defendant to take the lead in operating the plaintiffs business. This case presents a summary result where, had the parties each been allowed to tell his story side-by-side to a jury, the result might have been quite different.

I dissent because the majority’s opinion does nothing but race to affirm a summary judgment and thereby permitting a win without any expression of the reasoning applied by…