What Burden-Shifting Exersise Should Occur In a Summary Judgement Determination ?
In Dresher v. Burt(1996), 75 Ohio St. 3d 280, 293, 1996 Ohio 107, 662 N.E.2d 264., the Supreme Court of Ohio set forth a burden- shifting exercise to occur in a summary judgment determination.
Initially, the moving party must point to evidentiary materials to show that there are no genuine issues of material fact and they are entitled to judgment as a matter of law. Dresher v. Burt, 75 Ohio St. 3d at 293.
If the moving party meets this burden, a reciprocal burden is placed on the nonmoving party to show that there is a genuine issue of fact for trial. Dresher v. Burt, 75 Ohio St. 3d at 293.
In Dresher v. Burt, 75 Ohio St.3d 280, 1996 Ohio 107, 662 N.E.2d 264, , the Ohio Supreme Court modified and/or clarified the summary judgment standard stating, "the moving party bears the initial responsibility of informing the trial court of the basis for the motion, and identifying those portions of the record which demonstrate the absence of a genuine issue of fact or material element of the nonmoving party's claim." Id. at 296.
The nonmoving party has a reciprocal burden of specificity and cannot rest on mere allegations or denials in the pleadings. Id. at 293.
The nonmoving party must set forth "specific facts" by the means listed in Civ.R. 56(C) showing a genuine issue for trial exists. Id.