Kentucky

Std. of Review: Summary Judgment - Trial and Appeal

By Michael Stevens

Summary judgment is a stringent standard. It serves to terminate litigation where ?the pleadings, depositions, answers to interrogatories, stipulations, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.? Kentucky Rule of Civil Procedure (CR) 56.03. Summary judgment should be granted only if it appears impossible that the nonmoving party will be able to produce evidence at trial warranting a judgment in his favor. Steelvest, Inc. v. Scansteel Service Center, Inc., 807 S.W.2d 476 (Ky. 1991). Summary judgment ?is proper where the movant shows that the adverse party could not prevail under any circumstances.? Id., (citing Paintsville Hosp. Co. v. Rose, 683 S.W.2d 255 (Ky.1985)).

On appeal, we must consider whether the trial court correctly determined that there were no genuine issues of material fact and that the moving party was entitled to judgment as a matter of law. Scifres v. Kraft, 916 S.W.2d 779 (Ky.App.1996). Since summary judgment involves only questions of law and not the resolution of disputed material facts, an appellate court does not defer to the trial court's decision. Goldsmith v. Allied Building Components, Inc., 833 S.W.2d 378 (Ky. 1992). Our review is de novo.

1177
NEURODIAGNOSTICS, P.S.C., ET AL.
VS.
MODERN RADIOLOGY, PLLC
OPINION REVERSING IN PART, VACATING IN PART, AND REMANDING
MOORE (PRESIDING JUDGE)
THOMPSON (CONCURS) AND LAMBERT (CONCURS)
2009-CA-002413-MR
2010-CA-000068-MR
NOT TO BE PUBLISHED
FAYETTE

Full post as published by Kentucky Cases on December 20, 2010 (boomark / email).