Olsson v. Indiana University Board of Trustees

STATON, Judge,

dissenting.

I respectfully dissent. I believe the majority misreads the letter written by Null. Where the letter states that during the sixteen week semester, Null "made biweekly visits of approximately one and one-half to two hours in length," it is clear that Null represented that she spent one and one-half to two hours each visit, not in toto, as the majority asserts. Null admitted that she spent nowhere near that much time in observation of Olsson's student teaching experience.

Moreover, Null gave a favorable evaluation of Null midway through the semester, stating that Olsson's classroom management was excellent, that she was well organized, and that she presented her lessons extremely well. Olsson was issued a satisfactory grade in student teaching, a grade which Null had the responsibility of assigning. Finally, Olsson received favorable recommendations from others.

Summary judgment is not a substitute for a trial of the disputed factual issues. Greives v. Greenwood (1990), Ind. App., 550 N.E.2d 334. It should not be granted merely because it appears that the plaintiff will not succeed at trial. Id. Null's mis statement in the letter, the negative flavor of the letter, and the fact that Null previ*590ously gave Olsson favorable evaluation could very well raise an inference of ill will in the minds of the triers of fact. Since an issue of fact remains to be determined, summary judgment was improper. I would reverse and remand for a trial on the merits.