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Motion for summary judgment example8/4/2023 Her fetus was not viable, had no heartbeat upon admission. She was in the 17th week of her pregnancy with obvious complications and she was sent emergently to the OB Triage area. She was tachycardic upon admission with a blood pressure of 91/67. Hospital on 9/28/11 at or about 18:25 with vomiting, headache, and fever of 102.8. This case concerns the death of a 37-year-old physician who experienced a second-trimester septic, missed abortion. MOTION FOR SUMMARY JUDGMENT OF WENDY WILLIAMSĬomes now the Defendant, Wendy Williams, R.N., by counsel, Sam Samuels and the law firm of Samuels & Assoc., PLLC, and hereby submits the following memorandum of law in support of her Motion for Summary Judgment.ĭefendant's Motion for Summary Judgment should be granted as Plaintiff has failed to disclose an expert qualified in nursing who holds the opinion that Defendant, Williams, has breached the standard of care and/or caused harm to Jane Doe. JONES, as Administrator of the Estate of Jane Doe,ĪBC HOSPITAL, INC. If the defendant can either disprove one element essential to the case, or show that the plaintiff has no evidence to support an essential element, all of the other elements may be considered immaterial or irrelevant, and a summary judgment granted.IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT HUNTINGTON, WEST VIRGINIA Attacking the Essential Elements of Plaintiff’s Caseīecause the plaintiff in any case has the burden to prove all of the stated elements of his case, a defendant may be successful in obtaining a summary judgment by attacking only one key element of the plaintiff’s case. The summary judgment may be granted if the moving party has convinced the judge that the opposing party has either no evidence to support its case, or that the evidence is not sufficient to meet its burden of proof at trial. The court examines all of the evidence presented with the motion, as well as any evidence presented by the opposing party in its rebuttal, with a bias toward the opposing party. This is true even if the party is the defendant in the matter, and so would not have the burden of proof at trial. The party making a motion for summary judgment bears the burden of proof in showing that a summary judgment is proper. Burden of Proof in a Motion for Summary Judgment In the event a summary judgment is denied, the case continues through the legal system until the parties settle, or the matter is determined at trial. This motion is used when there are no disputed questions of fact to be decided by a judge or jury. A summary judgment cannot be used to determine which party would prevail at trial, as the judge cannot determine the validity of evidence or credibility of witnesses. It is not necessary for the opposing party to prove his side of the story, but only to show there is a dispute as to the facts.įinally, the judge must determine whether the law, as it applies to the facts that are undisputed, merits a judgment in favor of the moving party. When a motion for summary judgment is submitted, the opposing party has the opportunity to file a rebuttal, introducing evidence to contradict the moving party’s version of the issues and facts. These are (1) there are no genuine issues of material fact to be tried, and (2) the moving party is entitled to judgment in its favor as a matter of law. In considering a motion for summary judgment, the trial court judge must determine whether the required criteria have been met. Requirements for the Granting of a Summary Judgment In addition to showing that there are no disputed facts, the moving party attempts to persuade the court to make a judgment in its favor. This is done through the motion itself, which clearly and plainly sets out all of the issues, facts, and evidence, as well as the submission of evidence, testimony garnered through sworn affidavits and depositions, interrogatories, and admissions. The party filing a motion for summary judgment attempts to demonstrate to the court that there are no material facts that need to be ferreted out through trial, and so a trial is unnecessary. The purpose of requesting a summary judgment is to avoid an unnecessary, often expensive trial. A decision handed down by a judge or court of law without the need of a trial.ġ250-1300 Middle English jugement Filing a Motion for Summary Judgment.
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