Summary judgment

What is summary judgment?

Summary judgment is a court ruling deciding a case, or a specific part of it, without a full trial, based on a determination that no genuine factual dispute exists requiring a jury's involvement.

Either party can move for summary judgment, arguing that even accepting the other side's version of contested facts as true, the law nonetheless entitles the moving party to win on that specific issue.

The standard is genuinely demanding. If any reasonable jury could find in favor of the non-moving party based on the evidence presented, summary judgment is generally not appropriate.

Understanding this standard helps explain why many summary judgment motions filed in injury cases are ultimately unsuccessful, despite genuinely aggressive advocacy by the party seeking that ruling.

What arguments commonly support a summary judgment motion in an injury case?

Various theories can form the basis for this type of motion, depending on the specific facts and legal issues involved.

• No legally recognized duty existed under the specific circumstances presented
• The statute of limitations had already expired before filing
• The plaintiff failed to meet the verbal threshold in an auto case
• An applicable immunity, such as charitable immunity, bars the claim entirely
• No genuine dispute exists regarding an essential element of the claim

How does the court actually evaluate such a motion?

The court views all evidence and reasonable inferences in the light most favorable to the party opposing the motion, rather than weighing competing evidence itself as a jury ultimately would.

If this generous review still reveals no genuine factual dispute on a legally essential issue, and the law clearly favors the moving party under those undisputed facts, summary judgment may properly be granted.

Even a single genuinely disputed material fact is generally sufficient to defeat the motion and preserve the issue for a jury's ultimate determination at trial instead.

What happens if a summary judgment motion succeeds?

If granted on the entire case, it effectively ends the litigation on that claim without any trial ever occurring, subject to whatever appeal rights the losing party may still have available.

If granted only on specific issues, sometimes called partial summary judgment, the case narrows considerably but continues forward on any surviving issues that remain genuinely disputed.

An unsuccessful motion generally does not end the case, but simply confirms that a jury trial remains necessary to resolve the specific disputed factual issues that were properly identified.

Common questions

Does surviving a summary judgment motion mean my case will definitely win at trial?

No. It only means that genuine factual disputes exist requiring a jury's resolution, not any prediction about how that jury will ultimately decide those disputed facts.

Can summary judgment be sought on just part of my case rather than the whole thing?

Yes, partial summary judgment on specific issues or claims is common and can meaningfully narrow what remains for trial without ending the case entirely.

What if the other side disputes facts I consider obviously true?

If a reasonable jury could find in the opposing party's favor based on the evidence presented, that disputed fact generally must go to trial rather than being resolved through summary judgment.