Dresher v. Burt

662 N.E.2d 264, 75 Ohio St. 3d 280
CourtOhio Supreme Court
DecidedMarch 6, 1996
DocketNo. 94-2612
StatusPublished
Cited by7,608 cases

This text of 662 N.E.2d 264 (Dresher v. Burt) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dresher v. Burt, 662 N.E.2d 264, 75 Ohio St. 3d 280 (Ohio 1996).

Opinions

Douglas, J.

The sole issue in this appeal involves the standards for granting summary judgment when the moving party asserts that the nonmoving party has no evidence to establish an essential element of the nonmoving party’s case. In particular, the issue certified to this court by the Court of Appeals for Montgomery County is, “[m]ay a court grant summary judgment when neither the movant nor the non-movant provides evidentiary materials demonstrating that there are no material facts in dispute and the movant is entitled to judgment as a matter of law?” (Emphasis sic.) Resolution of this issue requires an interpretation of Civ.R. 56, a detailed review of Celotex, supra, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265, and an examination of our holding in paragraph three of the syllabus in Wing, supra, 59 Ohio St.3d 108, 570 N.E.2d 1095.

In Celotex, supra, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265, Myrtle Catrett (“Catrett”), administrator of the estate of her deceased husband, Louis H. Catrett, filed a wrongful death action in the United States District Court for the District of Columbia against fifteen named corporations. In the complaint, Catrett alleged that her husband’s death had been caused by exposure to products containing asbestos that had been manufactured or distributed by the defendants. Several of the defendants, including the Celotex Corporation (“Celo-tex”), filed motions for summary judgment. In support of its motion, Celotex argued that summary judgment was proper because Catrett had “ ‘failed to produce evidence that any [Celotex] product * * * was the proximate cause of the injuries alleged within the jurisdictional limits of [the District] Court.’ ” Id. at 319-320, 106 S.Ct. at 2551, 91 L.Ed.2d at 272. In particular, Celotex noted that Catrett had failed to identify, in answering interrogatories specifically requesting such information, any witnesses who could testify about the decedent’s exposure to Celotex’s asbestos products. Catrett responded to the motion for summary judgment and produced three documents to counter Celotex’s assertions. The three documents included a transcript of a deposition, a letter from an official of one of the decedent’s former employers whom Catrett planned to call as a witness at trial, and a letter from an insurance company to Catrett’s attorney. These documents tended to establish that the decedent had been exposed to Celotex’s asbestos products in Chicago in 1970 and 1971. Catrett claimed that the three documents demonstrated that there was a genuine and material factual [286]*286dispute concerning the decedent’s exposure to Celotex’s asbestos products. With respect to this evidence, Celotex asserted that the three documents were inadmissible hearsay and thus could not be considered in opposition to Celotex’s motion for summary judgment.

The district court in Celotex granted the motion for summary judgment, finding that there was “‘no showing that the plaintiff was exposed to the defendant Celotex’s product in the District of Columbia or elsewhere within the statutory period.’ ” Id, 477 U.S. at 320,106 S.Ct. at 2551, 91 L.Ed.2d at 272. On appeal, the United States Court of Appeals for the District of Columbia, in a split decision, reversed the judgment of the district court. Catrett v. Johns-Manville Sales Corp. (C.A.D.C.1985), 756 F.2d 181. The court of appeals’ majority stated, in part:

“We need not, however, reach the evidentiary issue [raised by Celotex that none of the evidence produced by Catrett in response to the motion for summary judgment would have been admissible at trial], inasmuch as defendant’s [Celo-tex’s] moving papers were patently defective on their face, rendering inappropriate the grant of summary judgment on the record as it stood before the District Court. Celotex offered no affidavits, declarations or evidence of any sort whatever in support of its summary judgment motion. To the contrary, Celotex’s motion was based solely on the plaintiffs purported failure to produce credible evidence to support her claim. While Celotex may have faced difficulty, to be sure, in ‘proving the negative’ that plaintiffs decedent had not been exposed to its products, * * * [Celotex] made no effort to adduce any evidence, in the form of affidavits or otherwise, to support its motion. * * * [T]hat undisputed failure renders its motion fatally defective.” (Emphasis sic and footnotes omitted.) Catrett, supra, 756 F.2d at 184.

In Celotex, supra, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265, the United States Supreme Court reversed the judgment of the court of appeals. Justice (now Chief Justice) Rehnquist authored the lead opinion in Celotex, which mustered the full support of Justices Marshall, Powell and O’Connor. Justice White concurred separately. Id at 328-329, 106 S.Ct. at 2555, 91 L.Ed.2d at 277 (White, J., concurring). Justice Brennan, joined by then Chief Justice Burger and Justice Blackmun, dissented. Id at 329-337, 106 S.Ct. at 2555-2560, 91 L.Ed.2d at 277-282 (Brennan, J., dissenting). Justice Stevens also filed a separate dissenting opinion. Id at 337-339, 106 S.Ct. at 2560-2561, 91 L.Ed.2d at 283-284 (Stevens, J., dissenting). Virtually all of the Justices agreed that the court of appeals had erred in concluding that Fed.R.Civ.P. 56 requires a defendant seeking summary judgment to produce affirmative evidence disproving (“negating”) the plaintiffs case. We quote, at length, from the lead opinion in Celotex, because, with all due respect to the United States Supreme Court, its [287]*287opinion in Celotex is somewhat confusing as to the appropriate standard for granting summary judgment in cases where the moving party asserts that the nonmoving party has no evidence to establish a material element of the nonmov-ing party’s case. In the lead opinion in Celotex, Justice Rehnquist offered the following analysis of Fed.R.Civ.P. 565:

“The majority of the Court of Appeals held that petitioner’s [Celotex’s] summary judgment motion was rendered ‘fatally defective’ by the fact that petitioner ‘made no effort to adduce any evidence, in the form of affidavits or otherwise, to support its motion.’ * * * [Catrett, supra, 756 F.2d at 184] (emphasis in original). According to the majority, Rule 56(e) of the Federal Rules of Civil Procedure, and this Court’s decision in * * * [Adickes v. S.H. Kress & Co. (1970), 398 U.S. 144, 159, 90 S.Ct. 1598, 1609, 26 L.Ed.2d 142, 155], establish that ‘the party opposing the motion for summary judgment bears the burden of responding only after

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Cite This Page — Counsel Stack

Bluebook (online)
662 N.E.2d 264, 75 Ohio St. 3d 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dresher-v-burt-ohio-1996.