Read the following excerpt from a US court opinion:
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imaginary, or frivolous.” Id. In determining whether a genuine issue of material fact exists, we view the facts in the light most favorable to the party against whom summary judgment was entered. Id. We will not affirm the trial court’s entry of summary judgment unless the evidence could not support any reason able inference in favor of the non-movant. Id. Summary judgment is seldom appropriate in employment discrimination cases because such cases inherently require the resolution of factual disputes that turn on inferences, rather than direct evidence, of discriminatory animus. Id. However, if a defendant can establish that an essential element of a discrimination claim cannot be established as a matter of law, summary judgment is appropriate. ITT Commercial, 854 S.W.2d at 381 . Analysis Fuchs asserts three points on
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What is the most suitable continuation to the opinion? Your options are:
A. holding that to survive a motion for summary judgment a party must make a showing sufficient to establish the existence of an element essential to that partys case and on which that party will bear the burden of proof at trial
B. holding that defending party may establish a right to summary judgment by showing that the plaintiff after an adequate period of discovery has not been able to produce and will not be able to produce evidence sufficient to allow the trier of fact to find the existence of any one of the claimants elements
C. recognizing the right of a defendant to comment upon the failure of the state to produce evidence
D. holding that the plaintiff had failed to produce sufficient evidence to establish constructive notice because the plaintiff did not present any evidence to establish that the oil was on the floor for any length of time
E. holding that rule 56 mandates the entry of summary judgment after adequate time for discovery and upon motion against a party who fails to make a showing sufficient to establish the existence of an element essential to that partys case and on which that party will bear the burden of proof at trial
Reply with [A, B, C, D, E] only.