Personal Injury Law

Slip And Fall At Sacramento Mall Store Leads To Lawsuit, Part 3 of 5

By Moseley Collins, Esq.

The following blog entry is written from a defendant?s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.)

STANDARD OF REVIEW

Universal Mall moves for summary judgment pursuant to Code of Civil Procedure § 437c, which provides the statutory authority for the Court to grant this motion. This Section provides in relevant part:

(a) Any party may move for summary judgment in any action of any proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.
(c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

(o) A cause of action has no merit if either of the following exists:
(A) One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.
(B) A defendant establishes an affirmative defense to that cause or action.

Full post as published by Sacramento Injury Lawyer Blog on May 21, 2010 (boomark / email).