Summary Judgment Cases In District of Columbia
Summary judgment is appropriate only when there are no material facts in issue and when it is clear that the moving party is entitled to judgment as a matter of law." Willis v. Cheek, 387 A.2d 716, 719 (D.C. 1978).
In reviewing a trial court's order granting summary judgment, this court conducts an independent review of the record. Burt v. First Am. Bank, 490 A.2d 182, 184 (D.C. 1985).
"If a movant has made a prima facie showing that there is no genuine issue of fact in dispute and it is clearly entitled to judgment as a matter of law, the opposing party may prevail only if he rebuts the showing with specific evidence." Spellman v. American Sec. Bank, N.A., 504 A.2d 1119, 1122 (D.C. 1986) (quoting Wyman v. Roesner, 439 A.2d 516, 519 (D.C. 1981)).
"The evidence -- consisting of the pleadings and other material in the record -- must be construed in the light most favorable to the party opposing the motion." Burt, supra, 490 A.2d at 185.
All inferences which may be drawn from subsidiary facts must be resolved against the moving party. Willis, supra, 387 A.2d at 719.