Montefiore Home v. Fields

Citations

• 2019 Ohio 1989

Syllabus

Civ.R. 56 summary judgment initial burden. Summary judgment is appropriate where the evidence, properly submitted, shows that there is no genuine dispute as to any material fact that the moving party is entitled to judgment as a matter of law. Where the defendant moves for summary judgment on the plaintiff's claims, but fails to meet her initial burden of identifying specific facts in the record that demonstrate she was entitled to summary judgment, the trial court erred by granting her motion. Summary judgment is not appropriate when the moving party fails to inform the trial court of the basis for its motion and identify the portions of the record demonstrating the absence of a genuine issue of fact as to a material element of the nonmoving party's claim.