When credibility issues may impact the determination of material facts, summary judgment is not appropriate.

The Third District Court of Appeal held that the trial court erred in entering summary judgment for the defendant, a tire store, whose employee serviced a tire on the plaintiff’s vehicle prior to a subsequent blow out that resulted in a crash and injuries to the plaintiff. The appellate court found that there were genuine issues of material fact and opined that trial courts may not adjudge the credibility of witnesses nor weigh the evidence when ruling on a motion for summary judgment. Instead, when credibility issues may impact the determination of material facts, summary judgment is not appropriate.

Case Law Alerts, 2nd Quarter, April 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.