Purcell v. Alfa Mutual Ins. Co.

The main opinion concludes that the summary judgment is due to be affirmed based upon Purcell's alleged failure to exercise "reasonable diligence" in investigating whether he was injured by an uninsured motor vehicle. However, because the trial court expressly based its summary judgment on a different ground and did not reach the "reasonable diligence" issue, and the appellee has not asserted on appeal the "reasonable diligence" issue as a ground for affirming the trial court's judgment, I would not reach that issue on appeal. As a basic rule, on an appeal from a summary judgment, we must…