Page:Aka v. Jefferson Hospital Association, Inc.pdf/3

Rh   actions taken in faith upon the old decision; given, however, that the overruling of a decision relates back to the date of the overruled decision, no matter how a new rule of law is applied, the benefit of the new decision is denied to some injured persons.
 * 1) C –  – . – The supreme court adheres to the doctrine that makes a new rule applicable only to the case at bar and to causes of action arising after the decision becomes final; in other words, the court's opinion is effectively prospective except as to the instant case.
 * 2) C –  –  C. K . – The supreme court concluded that appellant's efforts to bring about a needed change in the law should not go unrewarded, because without such inducement change might not occur; in light of the foregoing and to further the remedial intent of the wrongful-death statute, the supreme court applied its decision to overrule Chatelain v. Kelley retroactively as to appellant and prospectively as to causes of action arising after this opinion becomes final; therefore, the supreme court reversed the trial court's grant of partial summary judgment against the Estate of Baby Boy Aka.
 * 3) J –  – . – In reviewing a summary-judgment case, the appellate court need only decide if the trial court's grant of summary judgment was appropriate based on whether the evidence presented by the moving parties left a material question of fact unanswered.
 * 4) J –  – . – The moving party always bears the burden of sustaining a motion for summary judgment; all proof must be viewed in the light most favorable to the resisting party, and any doubts must be resolved against the moving party.
 * 5) J –  – . – The moving party is entitled to summary judgment if the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
 * 6) J –  – . – Once the moving party makes a prima facie showing that it is entitled to summary judgment, the opponent must meet proof with proof by showing a material issue of fact.
 * 7) J –  – . – If a moving party fails to offer proof on a controverted issue, summary judgment is not appropriate, regardless of whether the