What Is a Motion for Summary Judgment in Personal Injury Cases?

Understanding Motions for Summary Judgment

A motion for summary judgment is one of the most important procedural tools in personal injury litigation. It is a request to the court to decide all or part of a case without a trial, based on the argument that there are no genuine disputes of material fact and that the moving party is entitled to judgment as a matter of law. In personal injury cases, summary judgment motions are most commonly filed by defendants seeking to have the plaintiff's case dismissed before trial.

Understanding how summary judgment works is essential for personal injury plaintiffs because a successful summary judgment motion by the defendant can end your case entirely. Conversely, understanding the standard for summary judgment can help you build a case that is resistant to dismissal and positioned for a favorable outcome at trial or settlement.

The summary judgment process is governed by the rules of civil procedure in each jurisdiction. While the specific rules vary, the general principles are consistent across most courts. The moving party must demonstrate that there are no genuine issues of material fact, and the non-moving party must show that genuine factual disputes exist that require resolution by a jury.

When Summary Judgment Motions Are Filed

Summary judgment motions are typically filed at specific points in the litigation process.

After Discovery

Summary judgment motions are most commonly filed after the discovery phase of litigation, when both parties have had the opportunity to gather evidence through depositions, interrogatories, document requests, and other discovery tools. The motion is based on the evidence gathered during discovery.

Timing Requirements

Most courts have deadlines for filing summary judgment motions, typically set in the case management order. These deadlines are usually several months before the trial date to allow time for briefing, argument, and the court's decision.

Partial Summary Judgment

In some cases, a party may file a motion for partial summary judgment, seeking judgment on some but not all of the claims or issues in the case. For example, a defendant might seek summary judgment on the issue of liability while conceding that damages are disputed.

The Legal Standard for Summary Judgment

The standard for granting summary judgment is well established.

No Genuine Dispute of Material Fact

The court will grant summary judgment only if there is no genuine dispute of material fact. A fact is material if it could affect the outcome of the case. A dispute is genuine if a reasonable jury could find for the non-moving party based on the evidence.

Viewing Evidence in the Light Most Favorable

When evaluating a summary judgment motion, the court must view all evidence in the light most favorable to the non-moving party. This means that the court resolves all factual disputes and draws all reasonable inferences in favor of the party opposing summary judgment.

Burden of Proof

The moving party bears the initial burden of demonstrating that there are no genuine disputes of material fact. If the moving party meets this burden, the burden shifts to the non-moving party to present evidence showing that genuine factual disputes exist.

The Non-Moving Party's Obligation

The non-moving party cannot simply rely on the allegations in their complaint to defeat summary judgment. They must present specific evidence, such as deposition testimony, documents, affidavits, or expert reports, showing that genuine factual disputes exist.

Common Grounds for Summary Judgment in Injury Cases

Defendants in personal injury cases commonly seek summary judgment on several grounds.

No Duty of Care

The defendant may argue that they did not owe the plaintiff a duty of care under the circumstances. For example, in a premises liability case, the defendant may argue that the plaintiff was a trespasser to whom no duty was owed.

No Breach of Duty

The defendant may argue that even viewing the evidence in the light most favorable to the plaintiff, no reasonable jury could find that the defendant breached their duty of care. This argument is common when the defendant's conduct appears reasonable under the circumstances.

No Causation

The defendant may argue that the plaintiff cannot establish that the defendant's conduct caused the plaintiff's injuries. This is common when there are alternative explanations for the plaintiff's injuries, such as pre-existing conditions or intervening events.

Statute of Limitations

The defendant may argue that the plaintiff's claim is barred by the statute of limitations because the complaint was filed too late. This is a purely legal issue that is well suited for summary judgment.

Immunity

The defendant may argue that they are immune from liability under a specific statute or doctrine, such as governmental immunity, charitable immunity, or workers' compensation exclusivity.

Assumption of Risk

In cases involving recreational activities, the defendant may argue that the plaintiff assumed the risk of injury by voluntarily participating in the activity.

Comparative Negligence

In some jurisdictions, the defendant may seek summary judgment on the ground that the plaintiff's own negligence was the sole cause of the injury or that the plaintiff's comparative fault exceeds the threshold for recovery.

How to Respond to a Summary Judgment Motion

Responding effectively to a summary judgment motion is critical for preserving your case.

Review the Motion Carefully

Read the defendant's motion, memorandum of law, and supporting evidence carefully. Identify the specific arguments the defendant is making and the evidence they are relying on.

Gather Opposing Evidence

Compile evidence that contradicts the defendant's arguments and shows that genuine factual disputes exist. This may include deposition testimony, documents, photographs, medical records, expert reports, and affidavits.

File a Response Brief

Prepare and file a response brief that addresses each of the defendant's arguments and presents the evidence showing that genuine factual disputes exist. The response should be organized, well-written, and supported by citations to the record.

Submit a Statement of Disputed Facts

Many courts require the non-moving party to file a statement of disputed facts that identifies the specific facts that are in dispute and cites the evidence supporting each disputed fact.

Request Oral Argument

In many courts, you can request oral argument on the summary judgment motion. Oral argument gives you the opportunity to present your case directly to the judge and respond to questions.

Request Additional Discovery

If you need additional discovery to respond to the summary judgment motion, you can file a motion requesting additional time for discovery. Courts generally grant these requests when the non-moving party can show that specific discovery is needed to respond to the motion.

The Impact of Summary Judgment on Your Case

The outcome of a summary judgment motion can significantly affect your case.

If Summary Judgment Is Granted

If the court grants summary judgment in favor of the defendant, your case is dismissed. You may appeal the decision to a higher court, but the appeal process is lengthy and expensive, and appellate courts give deference to the trial court's decision.

If Summary Judgment Is Denied

If the court denies the defendant's summary judgment motion, your case proceeds to trial. A denial of summary judgment is often a positive signal for the plaintiff because it means the court found that genuine factual disputes exist that must be resolved by a jury.

Impact on Settlement

The outcome of a summary judgment motion can significantly affect settlement negotiations. If the defendant's motion is denied, the defendant may be more willing to settle because they face the risk and expense of trial. Conversely, if the motion is granted on some issues, the plaintiff's bargaining position may be weakened.

Partial Summary Judgment

If the court grants partial summary judgment, some issues are resolved while others proceed to trial. For example, the court might grant summary judgment on the issue of liability, leaving only damages to be determined at trial.

Strategies for Defeating Summary Judgment

Several strategies can help you defeat a summary judgment motion.

Build a Strong Factual Record

The best defense against summary judgment is a strong factual record developed during discovery. Thorough depositions, comprehensive document requests, and detailed interrogatory responses create the evidence needed to show genuine factual disputes.

Obtain Expert Testimony

Expert testimony is often essential for defeating summary judgment, particularly on issues of causation and standard of care. Expert reports and affidavits can provide the evidence needed to show that genuine factual disputes exist on these issues.

Identify Credibility Issues

Summary judgment is inappropriate when the case turns on credibility determinations. If the outcome depends on which witness the jury believes, summary judgment should be denied because credibility is a question for the jury.

Highlight Circumstantial Evidence

Circumstantial evidence can be sufficient to defeat summary judgment. Even if there is no direct evidence of the defendant's negligence, circumstantial evidence that supports a reasonable inference of negligence can create a genuine factual dispute.

Challenge the Defendant's Evidence

Scrutinize the defendant's evidence for weaknesses, inconsistencies, and gaps. Challenge the admissibility of evidence that does not comply with the rules of evidence, and highlight any contradictions in the defendant's position.

Common Mistakes in Summary Judgment Practice

Avoid these common mistakes when dealing with summary judgment motions.

Failing to Respond

Failing to file a timely response to a summary judgment motion can result in the motion being granted by default. Always file a response within the deadline set by the court.

Relying on Conclusory Statements

Conclusory statements without supporting evidence are insufficient to defeat summary judgment. You must present specific facts supported by evidence in the record.

Ignoring the Standard

The summary judgment standard requires you to show genuine disputes of material fact. Focus your response on identifying specific factual disputes and presenting evidence that supports your position.

Failing to Cite the Record

Your response must cite specific evidence in the record to support each disputed fact. General references to the record are insufficient.

Missing Deadlines

Summary judgment briefing schedules are strictly enforced. Missing a deadline can result in your response being stricken or the motion being granted without opposition.

Conclusion

Motions for summary judgment are a critical stage in personal injury litigation that can determine the outcome of your case. Understanding the legal standard, building a strong factual record during discovery, and responding effectively to the defendant's motion are essential for preserving your right to a trial. Working with an experienced personal injury attorney who understands summary judgment practice is the best way to protect your case.

Use our free settlement calculator to get an estimate of what your injury claim may be worth. Understanding the potential value of your case can help you make informed decisions about how to proceed with your litigation.