Summary judgment is appropriate when the moving party "shows that there is no genuine dispute as to
any material fact and the movant is entitled to a judgment as a matter of law." V.R.C.P. 56(a); Kelly v.
J
University of Vermont Medical Center, 2022 VT 26, 15, 216 Vt. 445. A fact is material only if it
might affect the outcome of the case. O'Brien v. Synnott, 2013 VT 33, ¥ 9. In assessing whether a
genuine dispute as to any material fact exists, the courts construe "the facts presented in the light most
favorable to the nonmoving party," Vanderbloom v. State, Agency of Transp., 2015 VT 103, 1 5, 200
Vt. 150, such that "the nonmoving party receives the benefit of all reasonable doubts and inferences."
Pettersen v. Monaghan Safar Ducham PLLC, 2021 VT 16, 1 9, 214 Vt. 269. The courts, therefore,
"accept as true the allegations made in opposition to the motion for summary judgment, so long as they
are supported by affidavits or other evidentiary material." Robertson v. Mylan Laboratories, Inc., 2004
VT 15, 1 15, 176 Vt. 356. If a party fails to properly address another party's assertion of fact as
required by Rule 56(c), the court may consider the fact undisputed for purposes of the motion.
V.R.CP. 56(c)(2).
Order Page 1 of 4
24-CV-04166 Aaron Aldrich v. Ashlee Riddle
To survive a motion for summary judgment, the nonmoving party “may not rest upon the mere
allegations or denials in its pleadings, but . . . must set forth specific facts showing that there is a
genuine issue for trial.” White v. Quechee Lakes Landowners’ Ass’n, Inc., 170 Vt. 25, 28 (1999)
(internal quotations omitted). If the nonmoving party fails to establish an essential element of its case
on which it has the burden of proof at trial, the moving party is entitled to summary judgment as a
matter of law. State v. G.S. Blodgett Co., 163 Vt. 175, 180 (1995). When a defendant moves for a
summary judgment, he satisfies his legal burden by presenting “at least one legally sufficient defense
that would bar plaintiff’s claim.” Gore v. Green Mountain Lakes Inc., 140 Vt. 262, 266 (1981)
(quoting 10 Wright & Miller, Federal Practice and Procedure: Civil § 2734, at 647 (1973)).
3. Undisputed facts