Not every lawsuit is concluded by a jury’s verdict in favor of one party or another. While many cases are settled through an agreement between the parties, some are resolved via a legal proceeding known as a “motion for summary judgment.”
When a defendant files such a motion in a negligence case, including an East Tennessee slip and fall case, the argument is that, even if all of the factual disputes are resolved in the plaintiff’s favor, the defendant cannot be held liable. There is judicial economy in motions for summary judgment in that a case is resolved without the need for a jury to determine factual disagreements; however, a motion can only be granted if the opposing party could not win his or her case even if the jury found all of the factual disputes in his or her favor.
Facts of the Case