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[T] Nack v. Charles A. Wagner Co.

6/28/2002

from which a rational trier of fact could infer the existence of the necessary nexus between Wagner's product and plaintiffs' injuries. We agree. Therefore we find that the trial judge in Bradley erred by failing to give the same consideration to the inferences favorable to the Plaintiffs arising from the material facts before him when he granted Wagner's Motion for Summary Judgment. Furthermore, because the same body of material facts was also before the Superior Court judges who later granted summary judgment on the same grounds or on the basis of stare decisis, we conclude that those decision were similarly in error.


NOW, THEREFORE, IT IS ORDERED, that the judgments of the Superior Court granting summary judgment be, and hereby are, REVERSED and REMANDED for further action consistent with this order.






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