According to the facts alleged in the complaint, Buchmiller began employment as a shop manager for Hines in December of 1999. In support of its motion, Hines relied upon the following facts, which Buchmiller admitted were undisputed: First, that in June of 2003, after Buchmiller had returned to work with restrictions following his surgery, Hines' workers' compensation insurer commissioned a formal analysis of the requirements of Buchmiller's shop manager position. Despite these infirmities in Hines' claim that Buchmiller affirmatively "resigned" his employment, we nonetheless conclude the undisputed evidence demonstrates Hines did not terminate the employment as alleged in Buchmiller's complaint. Technically, Buchmiller did not admit the facts alleged by Hines in connection with either the physician's report or the job analysis report in his response to Hines' separate statement. Buchmiller also asserts that "[n]othing in Hines' answer suggests there was no termination," and complains that Hines failed to specifically assert that contention as an affirmative defense.

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