Disability Law

Motion for Summary Judgment Under Georgia Law Explained

By Jack E. Clay

This week alone, I am working on two responses to insurance company lawyers' Motions for Summary Judgment. I have been asked to explain what this means. Well, it could be named something simpler such as, "Request To The Judge To Decide This Whole Mess Without A Trial." It's really that simple in theory.

Of course, there is the legal world where even the most elementary of disputes can become complicated in a hurry. Most of the time, somebody being sued files a Motion for Summary Judgment to end the lawsuit, narrow the issues, or get rid of some of the plaintiff's legal theories. However, I have filed them as a plaintiff's attorney to try to win my whole case or at least parts of the case.

The standard for granting a Motion for Summary Judgment is found, under Georgia law, at O.C.G.A. 9-11-56(c). It states, "... the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law."

I tell people that a good way to look at this issue is like this. If the facts are not in dispute and agreed for the most part, the judge can decide things. After all, juries are meant to be deciders of face, not legal experts. The problem is that in most cases there is an issue of fact. Some examples of questions of fact in car & truck accident cases include the following:

- Who caused the car accident?
- If there were numerous parties, who bears fault by percentage?
- How much should be awarded for medical bills?
- How much pain and suffering am I entitled to receive?
- How much should be awarded for lost wages?
- How much was my car worth when it was totaled?

If you have questions about the legal process and have been injured in an auto accident, on the job, or suffered another type of personal injury, you can contact our office anytime for a free confidential consultation about your rights. Our telephone number is (770) 577-2227.

Full post as published by Georgia Law Blog on April 01, 2009 (boomark / email).