Vassey v. Burch

HUSKINS, Justice:

Did the Court of Appeals err in upholding summary judgment for St. Luke’s Hospital, Inc.? For reasons which follow, we answer in the affirmative and reverse.

Rule 56, Rules of Civil Procedure, authorizes the rendition of summary judgment upon a showing by the movant that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. The rule does not authorize the court to decide an issue of fact. It authorizes the court to determine whether a genuine issue of facts exists. Summary judgment is designed to eliminate…