Barger v. Cox

For the reasons that I believe questions of fact existed for a jury’s determination, I respectfully dissent.

SUMMARY JUDGMENT

Summary judgment is properly awarded “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” SDCL 15-6-56(c) (emphasis supplied). Although summary judgment is appropriate in all types of litigation, it is not generally suitable in negligence actions. Wilson v. Great Northern…