The court must view the evidence in a light most favorable to the party opposing the motion, and that party will be given the benefit of all favorable inferences which can reasonably be drawn from the evidence. See Stokka v. Cass Cty. Courts must also consider the substantive standard of proof at trial when ruling on a motion for summary judgment. The district court granted summary judgment to Vix on the ground that Calavera had failed to cross the medical expense threshold within the six-year statute of limitations period. We reversed, holding that a tort action filed within the limitations period is not barred by the medical expense threshold, if the plaintiff can, in good faith, establish that the threshold will be crossed, with reasonable medical certainty, in the future.
Mere speculation regarding the medical services required in the future is insufficient.
P., requires that affidavits offered to oppose a summary judgment motion must set forth specific facts showing that there is a genuine issue for trial. This standard, combined with our holding in Calavera, requires a party opposing summary judgment to raise a genuine issue of material fact that the monetary threshold will be crossed in the future with reasonable medical certainty. Mere speculation will not defeat a motion for summary judgment. The affidavit does not specify the treatment Ellingson will need in the future. The affidavit does little more than conclude that expenses in the future should equal expenses already incurred.