It is alleged in a case that Jed negligently failed to yield the right of way as he drove a car into an intersection, with the result that Milly, a pedestrian, was injured. Citing the statement of an eye witness that he did, in fact, yield the right of way, Jed moves for an order of summary judgment. Milly, however, resists the motion. She asserts that the witness did not have a good view of the intersection. Will the motion be granted?
2007-10-08 10:50:47 · 3 answers · asked by the kingn10 1 in Politics & Government ➔ Law & Ethics
No. You can't get a summary judgement if there's an issue of material fact in question. Even if Jed produces several witnesses to the contrary, Milly's raised an issue of fact that precludes summary judgment. It sure doesn't mean the Jed can't win, and maybe he can produce enough facts in discovery to prove Milly is wrong, but you're not there yet.
2007-10-08 11:20:09 · answer #1 · answered by David M 7 · 1⤊ 0⤋
No. There are many more factors than the statement of one witness. An accident reconstruction can be done. Other witnesses interviewed. Maybe surveillance cameras were trained on the accident scene.
Summary judgements are only granted when a case cannot proceed on technical grounds. For example, a suit was filed after the statute of limitations expired.
2007-10-08 10:56:00 · answer #2 · answered by regerugged 7 · 0⤊ 1⤋
No,
If he yielded the right of way, no one would have been injured. Ergo he did not yield!
2007-10-08 11:48:33 · answer #3 · answered by Don't look too close! 4 · 0⤊ 1⤋