Schicker v. Leick

The issue before us on this appeal is whether the liability of Sylvester Leick can be determined by summary judgment.

In Bolen v. Bolen (1968), 39 Wis. 2d 91, 94, 158 N. W. 2d 316, this court most recently discussed summary judgment:

"Summary judgment is a drastic remedy. But where there is no issue of fact that should be tried or where there is an issue of law that can be determined so as to conclude the case, summary judgment should be used. . . .”

Here we must determine whether under any construction of the facts contained in the affidavits submitted, the defendant can be held to owe a duty…