There are several different important thresholds in your personal injury case. One of these is when your opponent asks the court to award summary judgment in its favor. If you lose, then your case is over and you receive zero compensation. If you win, then you can continue proceeding with your case, giving you the opportunity to secure a favorable verdict or, alternately, a fair settlement. Clearing this threshold means, in part, understanding what is required for a summary judgment and knowing how to argue persuasively to the court that your opportunity is not entitled to that judgment. For the legal advice and strategies your case needs, make sure you contact a skilled New York injury attorney about your accident.
For an example, there’s the case of M., a bicyclist who was walking alongside her bike on a street that was beneath an overpass. A vehicle driven by J. hit M., running over her foot. M. suffered a broken foot and sued J. for her damages. In his defense, J. argued that the “Sole proximate cause” was M.’s negligence. That, he asserted, meant that he was entitled to summary judgment in his favor and the case against him should be thrown out. The trial judge agreed with J. and issued an order granting summary judgment in favor of the driver, thereby ending the bicyclist’s case.
M. appealed and she won. The ruling from the Appellate Division highlights just how high a hurdle it was that J. was trying to clear. To win, he had to have enough evidence to demonstrate to the court that there was not possible interpretation of the facts that would allow a reasonable jury (or judge in a non-jury trial) to concluded that J. was in any way negligent at all.