Bias v. Advantage International, Inc.

905 F.2d 1558 (1990)

What's Going On?

Plaintiff (the estate of a deceased basketball player) appeals from the district court's grant of summary judgment to Defendants (the decedent's management company) where Plaintiff sued Defendant for failing to obtain an insurance policy on the decedent's life.

Who's Who?

Plaintiff       :

James Bias – personal representative of the estate of deceased basketball player, Leonard Kevin Bias.

Defendants :

Advantage International, Inc. – management company with whom Leonard Bias had entered into a representation agreement;
A. Lee Fentress – representative of Advantage International, Inc., in charge of Leonard Bias's account.

Facts:

On June 17, 1986, Leonard Bias was drafted into the National Basketball Association by the Boston Celtics. On June 19, 1986, Leonard Bias died of cocaine intoxication. Plaintiff James Bias, personal representative of Leonard Bias's estate, brought suit against Defendant Advantage International, Inc., with whom Leonard Bias had entered into a representation agreement, and Defendant A. Lee Fentress, an employee of Defendant Advantage. Plaintiff claims that Leonard and his parents directed Defendant Fentress to obtain a $1 million life insurance policy on Leonard's life, prior to his death. Defendants did not secure any such life insurance coverage; however, Plaintiff also claims that Leonard's parents did not independently seek to buy an insurance policy because Defendant Fentress represented that he had secured the policy. The district court awarded summary judgment to Defendants, holding that the Leonard's estate suffered no damage from Defendant Fentress's alleged failure to obtain the life insurance policy. The court reasoned that Plaintiff's evidence did not rebut Defendant' 'claim that no insurer would have issued a $1 million dollar life insurance policy because of Leonard's cocaine use. Plaintiff appeals, arguing that there is a genuine issue of fact as to Leonard's insurability.

Issue:

May a party defeat a motion for summary judgment without rebutting the moving party's claims?

Decision:

No. The party moving for summary judgment bears the initial burden of showing that the record before the court does not reveal any genuine issues of material fact. The nonmoving party then has the burden of rebutting the movant's showing by bringing forth specific facts establishing that there is a genuine issue of material fact. The court must evaluate the nonmovant's rebuttal in the light most favorable to the nonmovant. In this case, in order to make a prima facie showing in support of their summary judgment motion, Defendants must show that there is no genuine issue of fact as to Leonard's drug use, and that, as a drug user, Leonard could not have obtained a $1 million dollar insurance policy. Defendants offered eyewitness testimony from two of Leonard's former teammates in order to show Leonard was a drug user. Plaintiff attempted to rebut that testimony with generalized evidence that Leonard was not a drug user, but did not seek to impeach Defendants' witnesses. Defendants then offered evidence that every insurance company inquires about the prior drug use of applicants for million dollar insurance policies. Plaintiff failed to name any insurance company that wouldn't make such an inquiry. In order to withstand a summary judgment motion once the moving party has made a prima facie showing to support its claims, the nonmoving party must set forth specific facts showing that there is a genuine issue for trial. Defendants made a prima facie showing that the record did not reveal any genuine issues of fact, and Plaintiff failed to rebut Defendants' showing with sufficiently specific facts. Affirmed.

Basic Rule:

In order to withstand a summary judgment motion once the moving party has made a prima facie showing to support its claims, the nonmoving party must set forth specific facts showing that there is a genuine issue for trial.

Terms:

Prima facie :

Adequate to establish the fact or matter at issue unless rebutted.

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