Citizens First National Bank v. Moe Motor Co.

I dissent. Once again, this Court takes it upon itself to determine material questions of fact, further eroding a litigant’s right to a trial by jury.

Summary judgment should be granted only if no issues of material fact exist. Rule 56(c), M.R.Civ.R All reasonable inferences must be drawn in favor of the party opposing the motion. Cereck v. Albertson’s Inc., 195 Mont. 409, 411, 637 P.2d 509, 511 (1981). Although the majority gives lip service to these time-honored rules, it refuses to apply them in this case. Instead, it selects evidence that tends to demonstrate CFNB’s view of the suit while…