Narrative Opinion Summary
Paul Borowski appeals a summary judgment ruling in favor of Kimmins Contracting Corporation regarding a nuisance claim related to a construction project. The appellate court reverses the summary judgment, indicating that genuine issues of material fact exist that prevent such a ruling. The court cites Tamm v. Bradley as precedent and remands the case for the reinstatement of Borowski’s complaint. Judges Patterson, Altenbernd, and Whatley concur with the decision.
Legal Issues Addressed
Nuisance Claim in Construction Projectssubscribe to see similar legal issues
Application: The case involves a nuisance claim related to a construction project, requiring further examination of the facts.
Reasoning: Paul Borowski appeals a summary judgment ruling in favor of Kimmins Contracting Corporation regarding a nuisance claim related to a construction project.
Precedential Authority in Appellate Decisionssubscribe to see similar legal issues
Application: The appellate court uses Tamm v. Bradley as a precedent to determine the appropriateness of summary judgment in this case.
Reasoning: The court cites Tamm v. Bradley as precedent and remands the case for the reinstatement of Borowski’s complaint.
Remand for Reinstatement of Complaintsubscribe to see similar legal issues
Application: The appellate court remands the case to the lower court for the reinstatement of the plaintiff's complaint.
Reasoning: The court cites Tamm v. Bradley as precedent and remands the case for the reinstatement of Borowski’s complaint.
Summary Judgment Standardsubscribe to see similar legal issues
Application: The appellate court found that the trial court erred in granting summary judgment due to the presence of genuine issues of material fact.
Reasoning: The appellate court reverses the summary judgment, indicating that genuine issues of material fact exist that prevent such a ruling.