# Midwest Commerce Banking Co. v. Livings

> Indiana Court of Appeals · February 17, 1993 · 608 N.E.2d 1010

URL: https://www.frixlaw.com/law-library/cases/9718436

## Case

- **Full name:** MIDWEST COMMERCE BANKING COMPANY, Appellant-Defendant, v. Linda L. LIVINGS, Appellee-Plaintiff
- **Court:** Indiana Court of Appeals
- **Decided:** February 17, 1993
- **Citations:** 608 N.E.2d 1010; 1993 WL 35984
- **Precedential status:** Published
- **Opinion:** Concurrence by Shields
- **Judges:** Garrard, Staton, Shields
- **Cited by:** 46 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9718436

## How later opinions describe it (automated extraction)

- holding that neither the trial court nor this court may look beyond the evidence specifically designated to the trial court
- affirming summary judg- ment where, even if there were a negligent condition, the plaintiff did not present evidence of how the alleged negligence caused the fall

## Opinion text

SHIELDS, Judge,
concurring in result.
I concur in result because, while the burden is properly applied, there is dicta in the majority decision which, in my opinion, may be misinterpreted as to the burdens the opposing parties face in a summary judgment proceeding. Therefore, I concur in result to emphasize that a nonmoving party does not have any burden whatsoever until and unless the moving party makes a prima face showing that there is no issue as to any material fact and that the movant is entitled to judgment as a matter of law. Only if these two showings are made by the moving party does the burden shift to the nonmoving party to show specific facts which establish the existence of a genuine issue for trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9718436. Public record. Not legal advice.