However, defendants filed a response to the motion for summary judgment and failed to raise any objection to the motion. Defendants cannot now raise this issue for the first time on appeal. See Griffen v. Further, it is well established that summary judgment is available in all forms and kinds of civil matters. 60-256 does not state any type of civil matter that is precluded from summary judgment.
Defendants further contend that the district court's findings and conclusions are insufficient.
However, defendants failed to object to the sufficiency of the district court's findings of fact and conclusions of law, and the objection will not be considered for the first time on appeal. Further, the district court issued an extensive memorandum decision and entry of judgment that set forth the controlling facts and legal basis for its decision. The court found no disputed issue of fact existed to establish as a matter of law that Reed was disabled, after viewing all inferences permitted by the evidence in the defendants' favor. Based on the analysis that follows, the district court did not err in granting summary judgment for the plaintiff. The KAAD is modeled after the ADA and, therefore, federal court decisions are persuasive authority.