“A written personnel policy does not necessarily have to be an employee handbook.” Williams v. Plum Creek Timber Co., Inc., 362 Mont. 368, 264 P.3d 1090, 1097 (2011) (citing Kearney v. KXLF Comms., Inc., 263 Mont. 407, 869 P.2d 772 (1994)). Under Montana law, whether a document is part of an employer's written personnel policy is a fact question. Williams, 264 P.3d at 1097.
A material fact is one that involves the elements of the cause of action or defense at issue to such an extent that it requires resolution of the issue by a trier of fact. Williams v. Plum Creek Timber Co., 2011 MT 271, ¶ 14, 362 Mont. 368, 264 P.3d 1090; see also Contreras v. Fitzgerald, 2002 MT 208, ¶ 23, 311 Mont. 257, 54 P.3d 983 (explaining that summary judgement is an "extreme remedy" and, accordingly, "should never be substituted for trial if a material factual controversy exists" (internal quotations and citations omitted)). The court must view the evidence in the light most favorable to the non-moving party; it must draw all reasonable inferences in favor of the party opposing summary judgment.
" Albert v. Billings, 2012 MT 159, ¶ 15, 365 Mont. 454, 282 P.3d 704. "A material fact is a fact that involves the elements of the cause of action or defenses at issue to an extent that necessitates resolution of the issue by a trier of fact." Williams v. Plum Creek Timber Co., 2011 MT 271, ¶ 14, 362 Mont. 368, 264 P.3d 1090 (quoting Arnold v. Yellowstone Mt. Club, LLC, 2004 MT 284, ¶ 15, 323 Mont. 295, 100 P.3d 137) (internal quotations omitted). ¶6 It is well settled in Montana that a plaintiff in a medical malpractice action must establish the following elements: (1) the applicable standard of care; (2) that the defendant departed from that standard of care; and (3) that the departure proximately caused the plaintiff's injuries.
¶ 8 We review a district court's entry of summary judgment de novo. McClue v. Safeco Ins. Co., 2015 MT 222, ¶ 8, 380 Mont. 204, 354 P.3d 604 (citing Albert v. City of Billings, 2012 MT 159, ¶ 15, 365 Mont. 454, 282 P.3d 704). “Summary judgment is appropriate when the moving party demonstrates both the absence of any genuine issues of material fact and entitlement to judgment as a matter of law.” Albert, ¶ 15. “A material fact is a fact that involves the elements of the cause of action or defenses at issue to an extent that necessitates resolution of the issue by a trier of fact.” Williams v. Plum Creek Timber Co., 2011 MT 271, ¶ 14, 362 Mont. 368, 264 P.3d 1090 (internal quotation marks omitted) (citing Arnold v. Yellowstone Mountain Club, LLC, 2004 MT 284, ¶ 15, 323 Mont. 295, 100 P.3d 137). ¶ 9 Evidentiary rulings by a district court, including a decision to take judicial notice of facts or law, are reviewed for abuse of discretion.
¶ 15 We review a district court's entry of summary judgment de novo. McClue, ¶ 8 (citing Albert v. City of Billings, 2012 MT 159, ¶ 15, 365 Mont. 454, 282 P.3d 704). “Summary judgment is appropriate when the moving party demonstrates both the absence of any genuine issues of material fact and entitlement to judgment as a matter of law.” Albert, ¶ 15. “A material fact is a fact that involves the elements of the cause of action or defenses at issue to an extent that necessitates resolution of the issue by a trier of fact.” Williams v. Plum Creek Timber Co., 2011 MT 271, ¶ 14, 362 Mont. 368, 264 P.3d 1090 (internal quotation marks omitted) (citing Arnold v. Yellowstone Mountain Club, LLC, 2004 MT 284, ¶ 15, 323 Mont. 295, 100 P.3d 137).DISCUSSION
Once this has been accomplished, the burden “shifts to the non-moving party to prove by more than mere denial and speculation that a genuine issue of material fact does exist.” Williams v. Plum Creek Timber Co., 2011 MT 271, ¶ 14, 362 Mont. 368, 264 P.3d 1090. ¶ 7 In granting Billings Clinic's motion for summary judgment, the District Court explained that Billings Clinic presented credible and substantial evidence that Robinson received medical treatments from Billings Clinic, promised to pay for the treatments, and then failed to pay for the treatments.
STANDARD OF REVIEW ¶ 9 This Court reviews a decision on summary judgment de novo, using the same criteria as the district court under M.R. Civ. P. 56, and reviews conclusions of law to determine whether they are correct. Williams v. Plum Creek Timber Co., 2011 MT 271, ¶¶ 13, 15, 362 Mont. 368, 264 P.3d 1090. DISCUSSION
¶ 11 We review de novo a district court's decision on a motion for summary judgment, using the same criteria applied by the district court under M.R. Civ. P. 56. Boehm v. Cokedale, LLC, 2011 MT 224, ¶ 12, 362 Mont. 65, 261 P.3d 994.Rule 56(c)(3) provides: “The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” A material fact is one that involves the elements of the cause of action or defense at issue to such an extent that it requires resolution of the issue by a trier of fact. Williams v. Plum Creek Timber Co., 2011 MT 271, ¶ 14, 362 Mont. 368, 264 P.3d 1090. ¶ 12 In order to defeat a motion for summary judgment properly made and supported, the opposing party must set out specific facts showing a genuine issue for trial by affidavits or as otherwise provided by Rule 56. M.R. Civ. P. 56(e)(2).
The moving party must show that no genuine issues of material fact exist. Williams v. Plum Creek Timber Co., 2011 MT 271, ¶ 14, 362 Mont. 368, 264 P.3d 1090. The burden then shifts to the non-moving party "to prove by more than mere denial and speculation that a genuine issue of material fact does exist." Williams, ¶ 14 (citing Roy v. Blackfoot Telephone Co-op, 2004 MT 316, ¶ 11, 324 Mont. 30, 101 P.3d 301). The evidence must be viewed in the light most favorable to the non-moving party, and all reasonable inferences must be drawn in favor of the non-moving party.
¶11 We review de novo a district court's decision on a motion for summary judgment, using the same criteria applied by the district court under M. R. Civ. P. 56. Boehm v.Cokedale, LLC, 2011 MT 224, ¶ 12, 362 Mont. 65, 261 P.3d 994. Rule 56(c)(3) provides: "The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." A material fact is one that involves the elements of the cause of action or defense at issue to such an extent that it requires resolution of the issue by a trier of fact. Williams v. Plum Creek Timber Co., 2011 MT 271, ¶ 14, 362 Mont. 368, 264 P.3d 1090. ¶12 In order to defeat a motion for summary judgment properly made and supported, the opposing party must set out specific facts showing a genuine issue for trial by affidavits or as otherwise provided by Rule 56. M. R. Civ. P. 56(e)(2). In evaluating a motion for summary judgment, the evidence must be viewed in the light most favorable to the non-moving party; all reasonable inferences must be drawn in favor of the party opposing summary judgment.