Roth v. First Sec. Bank of Rock Springs, Wyo., No. 83-193

• Court: United States State Supreme Court of Wyoming
• Writing for the Court: Before ROONEY; CARDINE
• Citation: 684 P.2d 93
• Decision Date: 18 July 1984
• Docket Number: No. 83-193
• Parties: James E. ROTH, Westgate Investments, and Adams Sales, Inc., Appellants (Third- Party Plaintiffs), v. FIRST SECURITY BANK OF ROCK SPRINGS, WYOMING, a banking corporation, George Stahla and Keith West, Appellees (Third-Party Defendants).

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684 P.2d 93 James E. ROTH, Westgate Investments, and Adams Sales, Inc., Appellants (Third- Party Plaintiffs),
v.
FIRST SECURITY BANK OF ROCK SPRINGS, WYOMING, a banking corporation, George Stahla and Keith West, Appellees (Third-Party Defendants). No. 83-193. Supreme Court of Wyoming. July 18, 1984.

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Warren R. Darrow of Riske & Edmonds, P.C., Cheyenne, for appellants.

Robert H. Johnson (argued), Rock Springs, for appellee First Sec. Bank and George Stahla.

Ford T. Bussart (argued) of Greenhalgh, Bussart, West & Rossetti, P.C., Rock Springs, for Keith West.

Before ROONEY, C.J., and THOMAS, ROSE, BROWN and CARDINE, JJ.

CARDINE, Justice.

Appellant, in a third-party action, sought to recover damages resulting from a claimed wrongful refusal by appellees to grant a construction loan. This appeal is from a summary judgment in favor of third-party defendants First Security Bank of Rock Springs, George Stahla, and Keith West. We will affirm.

In December of 1981 James Roth, Westgate Investments and Adams Sales, Inc. (referred to herein as Roth) began negotiations for a loan with First Security Bank of Rock Springs. From December of 1981 until July of 1982, Roth and George Stahla, the bank's loan officer, discussed the information, requirements, and documents necessary for a loan application by Roth.

On May 25, 1982, Roth hosted a dinner party for the purpose of providing information about the construction project to a representative of the Federal National Mortgage Association ^MA. FNMA represented a possible source of end financing for this project which First Security required for approval of the loan. Various business leaders throughout the community and the state were invited to this dinner. Appellee Keith West was invited because of his position as mayor of Rock Springs. He was also a director of the First Security Bank of Rock Springs. During the course of the party, Mr. West made several favorable remarks concerning the status of the construction loan.

On July 9, 1982 the loan was formally denied. Roth was unable to meet his financial obligations and was sued by numerous contractors. In the suit by the contractors, Roth joined appellees and asserted a third-party complaint against them alleging wrongful denial of the loan. The action on the third-party complaint against appellees was severed from the main suit. Roth then filed an amended third-party complaint alleging also negligence and fraud. Appellees moved for summary judgment which was granted.

Appellant presents several questions for review:

"I. Whether there is a genuine issue of material fact as to appellants' reliance on the representations of appellee West.

"II. Whether there is a genuine issue of material fact as to whether or not appellants' reliance on the representations and assurances of appellees was reasonable.

"III. Whether there are genuine issues of material fact as to the alleged negligent

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conduct and the alleged negligent misrepresentations of appellees.

"IV. Whether there are genuine issues of material fact as to appellants' allegations of fraud and deceit.

"V. Whether there are genuine issues of material [fact] as to appellee West's authority to bind appellee First Security in loan transactions."

Our standard on review of summary judgment is that:

"When a motion for summary judgment is before the supreme court, we have exactly the same duty as the district judge; and, if there is a complete record before us, we have exactly the same material as did he. We must follow the same standards. The propriety of granting a motion for summary judgment depends upon the correctness of a court's dual findings that there is no genuine issue as to any material fact and that the prevailing party is entitled to judgment as a matter of law. This court looks at the record from the viewpoint most favorable to the party opposing the motion, giving to him all favorable inferences to be drawn from the facts contained in affidavits, depositions and other proper material appearing in the record." Reno Livestock Corporation v. Sun Oil Company (Delaware), Wyo., 638 P.2d 147, 150 (1981). See also, Blackmore v. Davis Oil Company, Wyo., 671 P.2d 334, 336 (1983).

A summary judgment should only be granted where it is clear that there are no issues of material facts involved and that an inquiry into the facts is unnecessary to clarify the application of law. Johnson v. Soulis, Wyo., 542 P.2d 867 (1975). A material fact is one which has legal significance. Johnson v. Soulis, supra. It is a fact which would establish a defense. Wood v. Trenchard, Wyo., 550 P.2d 490 (1976). After the movant establishes a prima facie case the burden of proof shifts to the opposing party who must show a genuine issue of material fact, Gennings v. First Nat'l Bank of Thermopolis, Wyo., 654 P.2d 154 (1982), or come forward with competent evidence of specific facts countering the facts presented by the movant. Matter of Estate of Brosius, Wyo., 683 P.2d 663 (1984). The burden is then on the nonmoving party to show specific facts as opposed to general allegations. 10 Wright & Miller, Federal Practice and Procedure: Civil § 2727, p. 538. The material presented must be admissible evidence at trial. Conclusory statements are not admissible. Bancroft v. Jagusch, Wyo., 611 P.2d 819 (1980). We give the party defending the motion the benefit of any reasonable doubt. If the evidence is subject to conflicting interpretations or if reasonable minds might differ, summary judgment is improper. Weaver v. Blue Cross-Blue Shield of Wyoming, Wyo., 609 P.2d 984 (1980).

Viewing the facts in a light most favorable to...