In reviewing a motion for summary judgment, the Superior Court must construe all evidence in the light most favorable to the non-moving party and draw all reasonable inferences in favor of the opposing party. Moreover, any doubt about the existence of a genuine issue of material fact must be resolved against the movant.
The court does not pass upon the credibility of witnesses or the weight of the evidence or make its own findings of facts. A court should not grant a party’s motion for summary judgment merely because the facts he offers appear more plausible than those tendered in the opposition, or because it appears that the adversary is unlikely to prevail at trial. Instead, the court should only determine whether a genuine issue of material fact exists. The moving party’s failure to establish the absence of a genuine issue of material fact must, without more from his opponent, defeat his motion.