Harless v. Willis Day Warehousing Co.
- Court
- Ohio Supreme Court
- Decided
- April 19, 1978
- Docket
- No. 77-637
- Status
- Published
- Jurisdiction
- Ohio
Cited 2,982 timesNo negative treatment found in this library
What later courts said
- saying that summary judgment is proper if “(1) * * * there is no genuine issue as to any material fact; (2) * * * the moving party is entitled to judgment as a matter of law; and (3 — State v. Dawson (2013)
- “The burden of showing that no genuine issue exists as to any material fact falls upon the moving party in requesting a summary judgment.” — State ex rel. Cuyahoga Cty. v. Jones Lang LaSalle Great Lakes Corporate Real Estate Partners, L.L.C. (2017)
- “Unsupported allegations in the pleadings do not suffice to necessitate the denial of a summary judgment” — RBS Citizens, N.A. v. Krasnov (2014)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Per Curiam.
Civ. R. 56(E) provides, in relevant part:
“* * * "When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleadings, but his response, by affidavit or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be •entered against him.”
Cite this
Harless v. Willis Day Warehousing Co., 54 Ohio St. 2d 64 (1978)Read the full opinion
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