Recently, a state appellate court issued an opinion in a personal injury case that presented an interesting issue that will be relevant for many Washington, D.C. slip-and-fall accident victims. The case discusses the threshold issue in many premises liability cases, specifically, the quantum of evidence necessary to survive a defense summary judgment challenge.
Generally speaking, summary judgment is a process by which a party asks a court to make a legal determination based on the pleadings. Essentially, when a party asks the court to grant a motion for summary judgment, the party is claiming that by looking at the uncontested evidence, the other party cannot prevail as a matter of law. Importantly, summary judgment is not appropriate when the opposing party can establish that there is a contested material fact.
The Facts of the Case
The plaintiff was shopping with her husband at the defendant grocery store. The couple put several bottles of juice in their cart, and then the plaintiff separated from her husband to find a restroom.