Summary Judgment Motion
Motion for Summary Judgment
A motion for summary judgment is a request made by one party in a lawsuit to the court to decide the case in their favor without a full trial. A motion for summary judgment may be filed in a premises liability case when one party believes that there is no genuine dispute about the facts of the case and that they are entitled to judgment as a matter of law.
Some common grounds for summary judgment in a personal injury case may include:
- Lack of causation: The defendant may argue that the plaintiff’s injuries were not caused by the defendant’s actions or omissions, and therefore the defendant is not liable for the plaintiff’s damages.
- Lack of injury: The defendant may argue that the plaintiff has not suffered any injuries or damages as a result of the incident in question, and therefore is not entitled to recover damages.
- Statute of limitations: The defendant may argue that the plaintiff’s claim is barred by the statute of limitations, which is a legal deadline for filing a lawsuit.
- Comparative fault: If the plaintiff was partially at fault for the incident that led to the injuries, the defendant may argue that the plaintiff’s damages should be reduced by the plaintiff’s percentage of fault.
- Lack of duty of care: The defendant may argue that they had no duty to act in a certain way or to protect the plaintiff from harm.
- Affirmative defenses: The defendant may raise affirmative defenses, such as contributory negligence or assumption of risk, which may bar the plaintiff’s claim or reduce the defendant’s liability.
For example, in a premises liability case, a motion for summary judgment might be filed by the defendant (the owner or occupier of the property where the injury occurred) if they believe that they are not legally responsible for the injury that the plaintiff (the injured party) suffered. A defendant might argue that they had no duty to maintain the property in a safe condition or that the plaintiff’s injury was not foreseeable.
It’s important to note that the specific grounds for summary judgment may vary depending on the facts of the case and the applicable laws.
If the court grants a motion for summary judgment, the case will be decided in favor of the party that filed the motion without the need for a trial. If the court denies the motion, the case will proceed to trial.