Matthew v. American Family Mutual Insurance

In many cases we have stated that summary judgment is a drastic remedy and should not be granted where the material facts are in dispute or where the undisputed facts permit inconsistent inferences as to necessary ultimate facts. We have even said that a trial court, in the exercise of its discretion, need not in all cases decide questions of law upon a motion for summary judgment. While the trial court is not required to decide a question of law upon a motion for summary judgment in all cases, without doubt a trial court can and should grant a motion for summary judgment in those instances…