Nolan v. Borkowski

I respectfully take issue with the result reached by the majority because it is contrary to the principles regarding summary judgment and to the case law discussed in the majority’s opinion. It is clear from the opinion that the majority followed the erroneous logic of the trial court that resulted in an impermissible shift of the initial burden in a summary judgment motion to the nonmovant. In addition, *508the trial court abused its discretion by deciding a material issue of fact contrary to its limited function when deciding a motion for summary judgment.

The fundamental principles of summary…