Johnson v. Schafer

(dissenting) — This case came before the court on summary judgment sought by and granted to defendants. As has been stated in numerous cases, on reviewing a summary judgment, the court must consider the facts submitted and all reasonable inferences from the facts in the light most favorable to the nonmoving party. Hartley v. State, 103 Wn.2d 768, 774, 698 P.2d 77 (1985); Wilson v. Steinbach, 98 Wn.2d 434, 437, 656 P.2d 1030 (1982). "The burden is on the moving party to prove there is no genuine issue as to a fact which could influence the outcome at trial." Hartley, at 774. In reviewing the…