One of the most important aspects of a Florida personal injury case is the credibility of the witnesses that a party plans to call at trial. Indeed, in many Florida car accident claims, the case comes down to a “he said, she said” situation where one witness’ testimony is directly contradicted by another’s. When this is the case, ultimately, the jury must determine which party’s witnesses were more credible.
Before a Florida personal injury case ever reaches trial, the defendant will likely file a motion for summary judgment, arguing that the plaintiff’s case is insufficient as a matter of law. Essentially, when a defendant files a summary judgment motion, they are claiming that the important factual issues necessary to decide the case are not contested, and when the court applies the law to these facts, a defense verdict is warranted.
Importantly, summary judgment is appropriate only if the defendant can show there are no issues of material fact that must be resolved by the jury, and the defendant is entitled judgment as a matter of law. Thus, there are two ways to defeat a motion for summary judgment. First, the plaintiff can show that there is at least one issue of material fact that is not resolved by the evidence presented thus far. Second, the plaintiff can argue that when the law is applied to the uncontested facts, a verdict in the plaintiff’s favor is appropriate. So, while a witness’ credibility is of critical importance at trial, it is almost irrelevant in a motion for summary judgment. A recent state appellate decision illustrates this concept.