Waddoups v. Amalgamated Sugar Co
In Waddoups v. Amalgamated Sugar Co., 2002 UT 69, 54 P.3d 1054, the moving party on summary judgment was challenging the plaintiffs' case by claiming that the plaintiffs did not have sufficient evidence to support their claim.
The Court held that the plaintiff, who would have borne the burden of proof on the relevant issue at trial, upon such a challenge must provide affirmative evidence sufficient to establish a genuine issue of material fact. Id.
In Waddoups, the Court held that:
"The moving party has the burden of presenting evidence to demonstrate that no genuine issue of material facts exists and that judgment as a matter of law is proper. However, once the moving party challenges an element of the nonmoving party's case on the basis that no genuine issue of material fact exists, the burden then shifts to the nonmoving party to present evidence that is sufficient to establish a genuine issue of material fact." (Waddoups, 2002 UT 69, 54 P.3d 1054.)