Quality Inns International, Inc. v. Booth, Fish, Simpson, Harrison & Hall

WELLS, Judge.. Plaintiff’s claims for relief are grounded in tort, asserting defendants’ negligence in the performance of their duties as trustee under the deed of trust and as lawyers owing a duty to plaintiff as a client. In regard to summary judgment in a negligence action, our Supreme Court has stated:

As a general proposition, issues of negligence are ordinarily not susceptible of summary adjudication either for or against the claimant “but should be resolved by trial in the ordinary manner.” 6 Pt. 2 Moore’s Federal Practice, § 56.17[42] at 946 (2d ed. 1980). Hence, it is only in…