Only a “slight doubt as to the facts is not sufficient to create a genuine issue of material fact,” but if “reasonable people could reach different conclusions or inferences from the evidence, the motion must be denied.” Finholt v. Cresto, 143 Idaho 894, 896–97, 155 P.3d 695, 697–98 (2007). On appeal from summary judgment, this Court exercises “free review over interpreting a statute's meaning and applying the facts to the law.”
Only a "slight doubt as to the facts is not sufficient to create a genuine issue of material fact," but if "reasonable people could reach different conclusions or inferences from the evidence, the motion must be denied." Finholt v. Cresto, 143 Idaho 894, 896–97, 155 P.3d 695, 697–98 (2007). On appeal from summary judgment, this Court exercises "free review over interpreting a statute's meaning and applying the facts to the law."
The burden of establishing the absence of a genuine issue of material fact rests at all times with the party moving for summary judgment. Finholt v. Cresto , 143 Idaho 894, 896, 155 P.3d 695, 697 (2007). This Court must construe the record in the light most favorable to the party opposing the motion, drawing all reasonable inferences in that party's favor.
The burden of establishing the absence of a genuine issue of material fact rests at all times with the party moving for summary judgment. Finholt v. Cresto, 143 Idaho 894, 896, 155 P.3d 695, 697 (2007). This Court must construe the record in the light most favorable to the party opposing the motion, drawing all reasonable inferences in that party's favor.
On the issue of summary judgment, we find adequate argument in Reid’s brief to support our review. [12–14] In reviewing a district court’s ruling on a motion for summary judgment, we recognize that "[t]he burden of establishing the absence of a genuine issue of material fact" rests with the moving party and "[w]e construe the record in the light most favorable to the party opposing the motion[.]" Finholt v. Cresto, 143 Idaho 894, 896, 155 P.3d 695, 697 (2007). "However, the nonmoving party must submit more than just conclusory assertions that an issue of material fact exists to withstand summary judgment."
In reviewing a district court's ruling on a motion for summary judgment, we recognize that "[t]he burden of establishing the absence of a genuine issue of material fact" rests with the moving party and "[w]e construe the record in the light most favorable to the party opposing the motion[.]" Finholt v. Cresto, 143 Idaho 894, 896, 155 P.3d 695, 697 (2007). "However, the nonmoving party must submit more than just conclusory assertions that an issue of material fact exists to withstand summary judgment."
The "going and coming" rule states that an employee is not within the course and scope of his employment on his way to and from work. Finholt v. Cresto , 143 Idaho 894, 898, 155 P.3d 695, 699 (2007) (citing Ridgway v. Combined Ins. Companies of America , 98 Idaho 410, 411, 565 P.2d 1367, 1368 (1977) ). As a result, an employee traveling to and from work is usually not covered by worker's compensation protection unless an exception applies.
Under the doctrine of respondeat superior, “an employer is liable in tort for the tortious conduct of an employee committed within the scope of employment.” Finholt v. Cresto, 143 Idaho 894, 897, 155 P.3d 695, 698 (2007). Scope of employment “refers to those acts which are so closely connected with what the servant is employed to do, and so fairly and reasonably incidental to it, that they may be regarded as methods, even though quite improper ones, of carrying out the objectives of the employment.”
A mere scintilla of evidence or only slight doubt is not sufficient to create a genuine issue of material fact. Finholt v. Cresto, 143 Idaho 894, 897, 155 P.3d 695, 698 (2007). The nonmoving party must submit more than conclusory assertions that an issue of material fact exists to withstand summary judgment.
This Court construes the record in the light most favorable to the non-moving party, drawing all reasonable inferences in that party's favor. Finholt v. Cresto, 143 Idaho 894, 896, 155 P.3d 695, 697 (2007). If there is no genuine issue of material fact, this Court exercises free review over the remaining questions of law. Mannos, 143 Idaho at 931, 155 P.3d at 1170.