Garcia

MEMORANDUM

Troy Garcia argues that the district court erred by granting summary judgment for Folger-Adam Security Inc., and Security Hardware Inc. Federal Rule of *770 Civil Procedure 56(c) mandates the entry of summary judgment “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” 2 Garcia did not establish the existence of a defect in the lock or proximate cause, which he would have to prove at trial. 3 Although Garcia is a very sympathetic plaintiff, the evidence, viewed in the light most favorable to him, does not establish a jury question on whether there was something wrong with the lock, and that the defect was a proximate cause of his injury.

Garcia also argues that a material issue of fact exists concerning the credibility of Folger and Security’s witnesses. However, it is not enough for the non-moving party to state that it will discredit the moving party’s evidence at trial because “it must produce at least some ‘significant probative evidence tending to support the complaint.’ ”

Garcia further argues that a default judgment…