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Original File Date: October 8, 2010 Last Update: October 15, 2010

No. 102,570 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ELIZABETH SHIRLEY, as MOTHER and NEXT FRIEND for ZEUS GRAHAM, Appellant, v. IMOGENE GLASS, BAXTER SPRINGS GUN & PAWN SHOP, and JOE and PATSY GEORGE, Appellees.

SYLLABUS BY THE COURT 1. When the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law, summary judgment is appropriate. A trial court is required to resolve all facts and inferences which may reasonably be drawn from the evidence in favor of the party against whom the ruling is sought. When opposing a motion for summary judgment, an adverse party must come forward with evidence to establish a dispute as to a material fact. In order to preclude summary judgment, the facts subject to the dispute must be material to the conclusive issues in the case. On appeal, the same rules apply; summary judgment must be denied if reasonable minds could differ as to the conclusions drawn from the evidence.

2. Summary judgment should be granted with caution in negligence actions. Nevertheless, summary judgment is proper in a negligence action if the defendant shows

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there is no evidence indicating negligence. Summary judgment is also proper in a negligence action if the only questions presented are questions of law.

3. The cause of action for negligent entrustment under Restatement (Second) of Torts

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Kansas Law