Liles v. Balmer

WIEAND, Judge:

This is an appeal from an order entering summary judgment in favor of the defendants. The trial court’s order was based upon its belief that the plaintiff would be unable to produce admissible evidence that the accident occurred as alleged in her complaint. This is a close question. After careful review of the pre-trial record, however, we conclude that the plaintiff-appellant must be given añ opportunity to prove her claim at trial. Therefore, we reverse and remand for further proceedings.

A motion for summary judgment may properly be granted “if the pleadings, depositions,…