When a plaintiff files a Florida personal injury case, in many instances the defendant will file a motion for summary judgment claiming that the plaintiff’s case is insufficient as a matter of law. Essentially, in a summary judgment motion, the defendant argues that there are no disputed factual issues in the case and that when the court applies the law, the defendant is entitled to judgment as a matter of law.
Thus, to survive a defense motion for summary judgment, a Florida personal injury plaintiff must be able to establish a disputed issue of fact. In a recent personal injury case, the court discussed the plaintiff’s burden to present evidence creating an issue of fact, as opposed to merely calling into question the credibility of a witness’ testimony.
The Facts of the Case
According to the court’s opinion, the plaintiff was injured in a car accident. The motorist who struck the plaintiff’s car (“the supervisor”) was on the phone at the time of the accident, speaking to a woman whom she supervises at work (“the employee”). The plaintiff filed a personal injury lawsuit against the supervisor’s employer, arguing that the employer was vicariously liable for the negligent acts of the supervisor.