Plough v. Nationwide Children's Hosp.
Case Details
- Judge(s)
- Edelstein
- Status
- Published
- Procedural Posture
- summary judgment
Related Laws
No specific laws identified for this ruling.
Excerpt
SLIP AND FALL - NEGLIGENCE - SUMMARY JUDGMENT - CIV.R. 56 - REASONABLE INFERENCES: Given the inconclusive evidence and factual ambiguity regarding how the liquid got onto the hospital's service hallway floor, nonmovant nursing student's deposition testimony about a hospital employee mopping nearby reasonably supported an inference that the liquid the injured student slipped on was from the mopping. The trial court erred in failing to construe this evidence in the light most favorable to the nonmovant nursing student and granting summary judgment in favor of the hospital because the nursing student failed to "prove" the hospital's employee created the hazard. At the summary judgment stage, the nonmoving party is not required to prove anything with certainty, but, instead, is required only to meet the evidence furnished by the moving party so as to show there remains a genuine issue of material fact. Judgment reversed; cause remanded.
What This Ruling Means
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