Humphrey v. Byron, 447 Mass. 322 (2006)

Citation: Humphrey v. Byron, 447 Mass. 322 (2006) 2.
Parent Document: Humphrey v. Byron, 447 Mass. 322 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-07-21
Original Source: https://www.courtlistener.com/opinion/6579392/humphrey-v-byron/ ↗

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2. Standard of review. “The standard of review of a grant of summary judgment is whether, viewing the evidence in the light most favorable to the nonmoving party, all material facts have been established and the moving party is entitled to a judgment as a matter of law.” Anderson St. Assocs. v. Boston, 442 Mass. 812, 816 (2004), quoting Augat, Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117, 120 (1991). See Mass. R. Civ. P. 56 (c), 365 Mass. 824 (1974). The moving party may prevail by showing that the nonmoving party has no reasonable expectation of proving an essential element of his case at trial. Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716 (1991). We review the judge’s decision in light of this standard, and as explained below, we agree with his conclusions.

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