Here, as in Rogers, the evidence is subject to conflicting interpretations. Reasonable people could differ on the meaning of Fisher's affidavit. Another view could be that Fisher and Fowler agreed to reduce CFI's claim by at least one-third. Summary judgment is improper under these circumstances. We therefore reverse and remand so that the issue of whether CFI agreed to reduce its subrogation claim can be determined along with other factual issues at trial.
Judgment is reversed and remanded.