Lucas Bros. v. Cudahy Co.

7 Citing cases

  1. Byrd v. Hall

    847 S.W.2d 208 (Tenn. 1993)   Cited 2,248 times
    Holding that the "burden shifts to the non-moving party to set forth specific facts . . . establishing that there are indeed disputed, material facts creating a genuine issue that needs to be resolved by the trier of fact and that a trial is therefore necessary"

    Moreover, the cases make clear that the party seeking summary judgment must carry the burden of persuading the court that no genuine and material factual issues exist and that it is, therefore, entitled to judgment as a matter of law. See, e.g., Downen, 811 S.W.2d at 542; Jones v. Home Indem. Ins. Co., 651 S.W.2d 213, 214 (Tenn. 1983); Williamson Cty. Broadcasting v. W. Cty. Bd. of Ed., 549 S.W.2d 371, 372 (Tenn. 1977); Taylor, 573 S.W.2d at 480; Lucas Brothers v. Cudahy Co., 533 S.W.2d 313, 316 (Tenn. App. 1975). Once it is shown by the moving party that there is no genuine issue of material fact, the nonmoving party must then demonstrate, by affidavits or discovery materials, that there is a genuine, material fact dispute to warrant a trial.

  2. Fischer v. Eldon Stevenson, Jr.

    No. M2004-00352-COA-R3-CV (Tenn. Ct. App. Aug. 22, 2005)

    Moreover, the cases make clear that the party seeking summary judgment must carry the burden of persuading the court that no genuine and material factual issues exist and that it is, therefore, entitled to judgment as a matter of law. See, e.g., Downen, 811 S.W.2d at 524; Jones v. Home Indem. Ins. Co., 651 S.W.2d 213, 214 (Tenn. 1983); Williamson Cty. Broadcasting v. W. Cty. Bd. of Ed., 549 S.W.2d 371, 372 (Tenn. 1977); Taylor, 573 S.W.2d at 480; Lucas Brothers v. Cudahy Co., 533 S.W.2d 313, 316 (Tenn.App. 1975). Once it is shown by the moving party that there is no genuine issue of material fact, the nonmoving party must then demonstrate, by affidavits or discovery materials, that there is a genuine, material fact dispute to warrant a trial.

  3. Truitt v. Palmer

    No. M2003-02757-COA-R3-CV (Tenn. Ct. App. Aug. 16, 2005)   Cited 1 times

    Moreover, the cases make clear that the party seeking summary judgment must carry the burden of persuading the court that no genuine and material factual issues exist and that it is, therefore, entitled to judgment as a matter of law. See, e.g., Downen, 811 S.W.2d at 524; Jones v. Home Indem. Ins. Co., 651 S.W.2d 213, 214 (Tenn. 1983); Williamson Cty. Broadcasting v. W. Cty. Bd. of Ed., 549 S.W.2d 371, 372 (Tenn. 1977); Taylor, 573 S.W.2d at 480; Lucas Brothers v. Cudahy Co., 533 S.W.2d 313, 316 (Tenn.App. 1975). Once it is shown by the moving party that there is no genuine issue of material fact, the nonmoving party must then demonstrate, by affidavits or discovery materials, that there is a genuine, material fact dispute to warrant a trial.

  4. HCA, Inc. v. American Protection Insurance Co.

    174 S.W.3d 184 (Tenn. Ct. App. 2005)   Cited 16 times

    Possible or probable contradictions in the testimony of Mr. Keller are likewise disregarded in determining the summary judgment issue before the court. Taylor, 573 S.W.2d at 480; see also, Lucas Brothers v. Cudahy Co., 533 S.W.2d 313, 315 (Tenn.Ct.App. 1975). At summary judgment stage of these proceedings we are not concerned with whether or not the plaintiff can ever prove its case.

  5. Johnson v. City Roofing Company

    No. W2003-01852-COA-R3-CV (Tenn. Ct. App. Aug. 25, 2004)   Cited 5 times

    Moreover, the cases make clear that the party seeking summary judgment must carry the burden of persuading the court that no genuine and material factual issues exist and that it is, therefore, entitled to judgment as a matter of law. See, e.g., Downen, 811 S.W.2d at 524; Jones v. Home Indem. Ins. Co., 651 S.W.2d 213, 214 (Tenn. 1983); Williamson Cty. Broadcasting v. W. Cty. Bd. of Ed., 549 S.W.2d 371, 372 (Tenn. 1977); Taylor, 573 S.W.2d at 480; Lucas Brothers v. Cudahy Co., 533 S.W.2d 313, 316 (Tenn.App. 1975). Once it is shown by the moving party that there is no genuine issue of material fact, the nonmoving party must then demonstrate, by affidavits or discovery materials, that there is a genuine, material fact dispute to warrant a trial.

  6. Hopper v. Tabor

    C.A. No. 03A01-9801-CV-00049 (Tenn. Ct. App. Aug. 19, 1998)   Cited 10 times

    1983); Williamson Cty. Broadcasting v. W. Cty. Bd. of Ed., 549 S.W.2d 371, 372 (Tenn. 1977); Taylor [v. Nashville Banner Pub. Co., 573 S.W.2d 476, 480 (Tenn. App. 1978)], 573 S.W.2d at 480; Lucas Brothers v. Cudahy Co., 533 S.W.2d 313, 316 (Tenn.App. 1975). Once it is shown by the moving party that there is no genuine issue of material fact, the nonmoving party must then demon strate, by affidavits or discovery materials, that there is a genuine, material fact dispute to warrant a trial.

  7. Taylor v. Nashville Banner Pub. Co.

    573 S.W.2d 476 (Tenn. Ct. App. 1978)   Cited 137 times
    In Taylor v. Nashville Banner Publishing Co., 573 S.W.2d 476, 485 (Tenn.App. 1978), cert. denied, 441 U.S. 923, 99 S.Ct. 2032, 60 L.Ed.2d 396 (1979), the court questioned the existence of this tort, stating that the plaintiff "has cited no authority in support of this cause of action, nor even any to show such a tort is recognized in Tennessee". Outside of this brief allusion, however, no other case discusses this issue.

    The party who moves for summary judgment has the burden of showing that no genuine issue of material fact exists, and in ruling on the motion the court must view the record in the light most favorable to the motion's opponent. Lucas Brothers v. Cudahy Co., 533 S.W.2d 313 (Tenn. App. 1975). With this standard in mind, we turn to the merits of plaintiff's appeal.