Kurtz v. Trepp

OXBERGER, Chief Judge.

The trial court below granted the defendant’s motion for a summary judgment and the plaintiff has appealed. We reverse and remand.

In reviewing a grant of summary judgment, we look at the record in the light most favorable to the party opposing the motion. Barnhill v. Davis, 300 N.W.2d 104, 105 (Iowa 1981). The plaintiff here is granted every legitimate inference that reasonably can be made from the evidence. Knapp v. Simmons, 345 N.W.2d 118, 121 (Iowa 1984). Pursuant to Iowa Rule of Civil Procedure 237(c), the motion is granted if the pleadings, other facts available in…