Beckendorf v. Simmons

*32OPINION

HARBISON, Justice.

This case presents a claim against the lessee of a motor vehicle arising from its unauthorized use by an employee. Both the trial court and the Court of Appeals sustained motions for summary judgment filed on behalf of the employer. There were some conflicts as to the facts testified to by the employer and the employee in discovery depositions, which were used in support of the motion for summary judgment. We granted certiorari to consider whether the conflicts were sufficiently material to require further proceedings.

Despite some conflicting testimony, certain basic…