Erwin v. Tweed

The majority’s opinion reverses summary judgment and remands to the trial court for a second time to determine the same facts required by this Court upon remand of the first appeal. No genuine issue of material fact exists. Plaintiff failed to offer any evidence of an essential element of his claim: that his truck’s “gross vehicle weight as specified by the manufacturer” is less than 10,000 pounds. I respectfully dissent. I would affirm the trial court’s decision.

Plaintiff bears the burden of making a claim under the policy and the statute. Plaintiff was required by the statute and the prior…