November 2019 Bar Bulletin
By Edward Maggio
Summary Judgment in Personal Injury Cases
In the context of personal injury cases,1 summary judgment motions must show that there are no material2 facts at issue. If so, as a matter of law, the moving party is entitled to a judgment in their favor.
Often summary judgment motions are filed by defendants or rebutted by the plaintiff using experts. Such experts increase the likelihood of success, using expert opinion3 to ensure a legal victory. Experts in this area are most commonly used for cases in which one side must offer an alternative explanation4 for the opposing party’s view of the facts.
A plaintiff has the...