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Westfield Ins. Co. v. Huls Am.6/9/1998
underlying facts must be viewed in the light most favorable to the party opposing the motion, and if, when they are so viewed, reasonable minds can come to differing conclusions, the motion should be overruled. Hounshell v. Am. States Ins. Co. (1981), 67 Ohio St.2d 427, 433, 21 O.O.3d 267, 271, 424 N.E.2d 311, 314-315. The court must follow the standard set forth in Civ.R. 56, which specifically provides that before summary judgment may be granted, "it must be determined that: (1) No genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence most strongly in favor of the party against whom the motion for summary judgment is made, that conclusion is adverse to that party." Temple v. Wean United, Inc. (1977), 50 Ohio St.2d 317, 327, 4 O.O.3d 466, 472, 364 N.E.2d 267, 273. See, also, Norris v. Ohio Std. Oil Co. (1982), 70 Ohio St.2d 1, 24 O.O.3d 1, 433 N.E.2d 615. The moving party has the burden of showing that there is no genuine issue of material fact as to the critical issue. The opposing party has a duty to submit affidavits or other materials permitted by Civ.R. 56 to show that a genuine issue for trial exists. See Harless v. Willis Day Warehousing Co. (1978), 54 Ohio St.2d 64, 8 O.O.3d 73, 375 N.E.2d 46. The "duty of a party resisting a motion for summary judgment is more than resisting the allegations in the motion." Baughn v. Reynoldsburg (1992), 78 Ohio App.3d 561, 563, 605 N.E.2d 478, 480. A "motion for summary judgment forces the nonmoving party to produce evidence on any issue for which that party bears the burden of production at trial." Wing v. Anchor Media, Ltd. of Texas (1991), 59 Ohio St.3d 108, 570 N.E.2d 1095. See, also, Dresher v. Burt (1996), 75 Ohio St.3d 280, 292-295, 662 N.E.2d 264, 273-275.
The appellate court in reviewing the grant for summary judgment must follow the standards set forth in Civ.R. 56(C). "` he reviewing court evaluates the record * * * in a light most favorable to the nonmoving party.' * * * he motion must be overruled if reasonable minds could find for the party opposing the motion." Saunders v. McFaul (1990), 71 Ohio App.3d 46, 50, 593 N.E.2d 24, 26; Link v. Leadworks Corp. (1992), 79 Ohio App.3d 735, 741, 607 N.E.2d 1140, 1144. In its review of a grant for summary judgment, an appellate court may review all evidence of record properly submitted to the trial court. Under Civ.R. 56, summary judgment evidence can include "pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence in the pending case, and written stipulations of fact * * * timely filed." Civ.R. 56(Q. As well, the court may consider further testimony pursuant to Civ.R. 56(E).
Appellants assert collectively the following issues for review: (I) the trial court erred in holding that the TROCAL roof was a fixture and not covered undesOhio's product liability laws (see Westfield's issues "A" and "B," and UAP's issue "A"); (II) the trial court erred in finding that appellant's "proximate cause" claim against HULS would fail (see Westfield's issue "C" and UAPs issue "D"); (III) the trial court erred in holding that appellants' warranty claims were time-barred (see issues "C" and "D" above); (IV) the trial court erred in not finding that HULS's warranty failed of its essential purpose (see UAP's issues "B" and "C"); (V) and the trial court erred in granting summary judgment to HULS on appellants' misrepresentation claims (see UAP issue "E").
Appellants argue that the trial court erred in finding that their product liability causes of action failed on the grou
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