THE DREADED SUMMARY JUDGMENT MOTION IN INDIANA PERSONAL INJURY MATTERS
June 2, 2015
THE DREADED SUMMARY JUDGMENT MOTION
One of the most feared motions filed by defendants and their insurance companies in personal injury cases is the Dreaded Motion for Summary Judgment. In this motion, the defendant is asking the court to dismiss the case finding that there are no genuine issues of material fact, and he is entitled to judgment as a matter of law.
What this motion asks the court is this? Court we want you to assume all the facts are true and they are not in dispute, and looking at these facts, there is no way the injured person's case can go forward. I recently blogged on a common factual scenario regarding a dog bite, in which summary judgment was granted.
In this case, the property owner filed a motion for summary judgment because he rented to property to tenant and it was the tenant's dog that caused the injury. The gist of the property owner's argument is that it did not owe the injured person a duty of care because he was not in control of the property and he did own the dog.
In medical malpractice cases we routinely see a motion for summary judgment filed if there is an adverse medical review panel opinion. The defendant doctor and/or hospital will attached the medical review panel opinion. The way to get by the motion, is to file an affidavit from a medical expert contradicting the medical review panel opinion.
INITIAL CLIENT INTAKE
The truth is that just because someone is hurt in an accident or incident, doesn't mean someone else is responsible. From the outset of a case, personal injury attorneys have to ask a bunch of questions and develop the facts and circumstances of the event with an eye of overcoming the dreaded summary judgment motion. This is why it is important for the injured person to take photos of the accident scene, photos of their injuries, and obtain the names and contact information of any witness(es).
If you have any questions about an Indiana personal injury matter, call Guy DiMartino Law at (219) 690.8997