Daniels v. Narraguagus Bay Health Care Facility

SILVER, J., with whom ALEXANDER and JABAR, JJ., join,

concurring.

[¶ 28] First, I commend the Court’s forward-thinking opinion because it reiterates that determining credibility and weighing evidence has no place in summary judgment practice. The burden-shifting analysis deals only with burdens of production, not of persuasion. See St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 509, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993) (stating that “the determination that a defendant has met its burden of production ... can involve no credibility assessment” because “the burden-of-production determination…