Bunkowske v. Briard

OPINION

LANSING, Judge.

In a negligence and breach of warranty action arising from the sale of allegedly infected pigs, the trial court treated a summary judgment motion against the buyers as unopposed. The court concluded that the buyers failed to submit a memorandum of law, statement of the case, or affidavits opposing the seller’s third motion for summary judgment. Because the buyers had previously submitted memoranda and affidavits which were on file with the court, and submitted additional materials in connection with a contemporaneous motion to amend their complaint, we reverse the…