Motions for Summary Judgment: How Defendants Can Win Before Trial

When most people think about how a lawsuit ends, they typically picture a trial, complete with a judge, jury, witnesses, and a verdict. In reality, very few personal injury cases make it that far. Some settle, while others are dismissed early on procedural grounds. But others are resolved through another mechanism — the motion for summary judgment. For defendants in personal injury cases, motions for summary judgment are one of the most powerful tools in the litigation toolbox, and our North Carolina personal injury defense attorneys explain why below. 

What Is Summary Judgment? 

Summary judgment is a court decision made without a full trial. Governed by Rule 56 of the North Carolina Rules of Civil Procedure, it allows courts to end a matter if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. To put it more simply: When a defendant files a motion for summary judgment, the defendant is essentially saying “even if the court accepts the plaintiff’s version of events, the law does not support a verdict in their favor. 

How Does a Motion for Summary Judgment Work? 

Here’s a straightforward example of how a defendant in a slip and fall case could use a motion for summary judgment to their advantage in North Carolina courts: 

A customer slips and falls in a grocery store, claiming the store’s negligence caused water to pool on the floor. During a deposition, the plaintiff admits that she was looking at her phone and not paying attention to where she was going at the time of the accident. Furthermore, security camera footage shows that a “wet floor” sign was placed in the vicinity five minutes before she walked into the area. Store employee depositions and maintenance logs show that the water was reported and a sign was set out within the store’s standard response time. 

Under North Carolina’s contributory negligence rule, if the plaintiff bears any responsibility for her injury, she is barred from recovery. 

Here, the undisputed facts show two things: 

1. The store took reasonable steps to warn of the hazard
2. The plaintiff was not watching where she was going despite a visible warning sign, which supports a contributory negligence theory

Based on those facts, the defendant could file a motion for summary judgment asking the court to rule as a matter of law that the store is not liable without ever going to trial. 

Of course, the facts of most personal injury cases are much more complex. For more information about how a motion for summary judgment could work in your case, please speak to a North Carolina personal injury defense attorney. 

When Do Defendants Typically Use Motions for Summary Judgment? 

Summary judgment is not necessarily appropriate in every case, as courts typically are reluctant to take cases away from juries. However, there are a few circumstances in which a motion for summary judgment might be a defendant’s best move, including the following: 

• The plaintiff can’t establish an essential element of negligence. Every negligence claim requires the plaintiff to prove four elements: (1) duty, (2) breach, (3) causation, and (4) damages. If the plaintiff cannot prove even a single one of those elements, their claim may not survive a motion for summary judgment. 
• The undisputed facts show contributory negligence. North Carolina is one of only a handful of states that follows the contributory negligence standard, under which a plaintiff is barred from recovery if they were even 1% at fault for their accident. When the undisputed evidence shows that the plaintiff was negligent in any way, defendants can use that as a basis for a motion for summary judgment. 
• The statute of limitations has run. The statute of limitations for most personal injury claims in North Carolina is three years. If the undisputed facts show that the plaintiff is too late in filing their claim, the defense can move for summary judgment. 
• The defense can establish an affirmative defense. Affirmative defenses — such as liability waivers — are common in personal injury lawsuits. If the defense can show that the plaintiff signed a liability waiver and that the liability waiver covered the type of accident at issue, that may provide a ground to move for summary judgment. 
• Causation is too speculative for the matter to go to a jury. Certain types of personal injury claims, particularly medical malpractice and products liability, rely heavily on expert witnesses to link the defendant’s alleged breach to the plaintiff’s injury. If that link is too speculative and the expert’s opinion is excluded, that may give rise to a motion for summary judgment. 

For more information about whether and when to incorporate a motion for summary judgment into your litigation strategy, please speak to a North Carolina personal injury defense attorney. 

What’s the Best Time to Use a Motion for Summary Judgment? 

Timing is critical for many aspects of personal injury litigation, and motions for summary judgment are no different. And as with most other issues, there is no one-size-fits-all answer. While moving early can apply pressure and encourage a faster resolution, it risks the court deeming the motion premature. On the other hand, waiting until the close of discovery can build a stronger evidentiary record for the motion, but it also means that the parties incur more time and expense before resolution. Our North Carolina personal injury defense attorneys weigh these trade-offs case by case to determine the ideal time to strike. 

Knock Out a Claim Early With Help From a North Carolina Personal Injury Defense Attorney

Motions for summary judgment are a powerful weapon to defeat meritless claims at an early stage of litigation, but they are not a silver bullet. Success requires a robust evidentiary record and shrewd timing. For more information about wielding a motion for summary judgment to defeat a personal injury claim, please speak to a North Carolina personal injury defense attorney at Harris, Creech, Ward & Blackerby. Call 252-638-6666 or use our online contact form.