What Is A Motion For Summary Judgment?

Michael Roberts — Fri, 20 Jun 2008 14:10:07 GMT

The defendant in my lawsuit has filed a motion for summary judgment. What does that mean? Even though our constitution guarantees the right to trial by jury, the law permits a defendant to file a motion that argues the question of whether there is at least some evidence that supports the injured person’s claims. There are differing standards among the states, but frequently, the question is whether there is “substantial evidence” in support of the claim. Sometimes the question is whether there is “substantial evidence” in opposition to a defense, such as the statute of limitations.

Here is a simple example of how a motion for summary judgment works – say a store customer is hurt by a store’s negligence. If, however, the store proved through its employee’s testimony or affidavit that the accident happened more than two years before the customer filed suit, then the store might get a summary judgment order dismissing the case, if the accident occurred in a state like Alabama, where the statute of limitations for such cases is 2 years. If the evidence remains undisputed that the store is correct about the date, then it would win its motion for summary judgment, and the judge would be required to dismiss the case. If, however, the customer proved or provided evidence through his own affidavit or testimony that the accident occurred less than 2 years before suit was filed, then the motion should be denied, and a jury would later listen to both sides and decide who is right.

The losing party on the motion for summary judgment would have a right to appeal this decision, although, if the judge denies the motion and says a trial will be held, it may be necessary that the store wait until the trial is over and a verdict is reached by the jury before it can be appealed. On appeal, the appeals court would review the trial judge’s decision on the legal question of whether the evidence was sufficiently in dispute to make it necessary that a jury decide the question. If a trial judge had ruled for the customer, and dismissed the case, and the customer later won his appeal, then the case would be sent back down or “remanded” for a trial.

Originally posted at InjuryBoard by Michael Roberts

What is an "Invitee"? When May an Injured Invitee Recovery for an Injury?

Michael Roberts — Sun, 05 Apr 2009 18:54:54 GMT

In many states, the rules that determine whether a property owner is liable for a slip and fall accident or premises liability injury are influenced by the purpose for which the injured person is present on the property. In Alabama, a visitor to property might be legally characterized as an “invitee,” a “licensee,” or a “trespasser.”

An invitee is one whose purpose involves a material benefit to the property owner. A typical example would be a customer in a store. Another example may be a neighbor who assists someone in trimming shrubbery on his or her property. A licensee is one who is on property with permission, but who does not provide a material benefit to the owner, such as a social guest. Of course, a trespasser is someone on property without permission.

Generally, an owner who is negligent in permitting or creating a dangerous condition on property, causing injury to the visitor, is liable, such as where a grocery store fails to clean up a slippery condition in a store aisle. The law requires a stronger showing where a licensee sues a landowner, generally that the landowner acts wantonly or recklessly, or creating hidden dangers through “active negligence.” Similarly, there are stricter standards applicable to injured person who falls into the category of a trespasser.

The rules are more lenient, however, when the trespasser is a child, and where the circumstances indicate the owner was aware the children’s presence on the property would be likely.

In summary, details can make a lot of difference in how successful this type of case can be. It is also important to be aware that the law can be different from state to state, depending upon these details.

Originally posted at InjuryBoard by Michael Roberts

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What Is A Motion For Summary Judgment?

What is an "Invitee"? When May an Injured Invitee Recovery for an Injury?