Roger and Kelley sustained injuries. Quality moved for summary judgment. The circuit court granted the motion for summary judgment. This appeal followed. This Court reviews an order granting summary judgment de novo.
Summary judgment is inappropriate when there are genuine issues of material fact in dispute.
This Court held in syllabus point 3 of Fayette County Nat. Findings of fact, by necessity, include those facts which the circuit court finds relevant, determinative of the issues and undisputed. The summary judgment order in this case falls short of the standard articulated in Lilly . However, the ultimate disposition of this case turns on another issue. See also Syl.