Summary judgement is a judgement made on the basis of statements and evidence without going to trial. In essence, a successful motion for summary judgement says that an issue at hand is essentially not litigable, it is either not in dispute or there is no basis for the claim.
To avoid summary judgement, the opposing party must enter evidence that would be permitted at trial proving that the facts are in dispute. The motion asks the court to apply the law to the undisputed facts.
Here’s an example of summary judgement: a patient dies while in the care of a team of doctors and nurses. The plaintiff sues for wrongful death and medical malpractice against the healthcare facility, doctors, and nurses. In discovery, the plaintiff does not produce testimony or documentation from anyone with recognizable expertise that one of the nurses breached a standard of care or caused harm to the deceased individual.
The nurse moves for summary judgement and is successful, because the plaintiff cannot produce evidence showing a breach of duty, required for a successful civil claim. The plaintiff cannot dispute the defendant’s stated fact that they did not cause harm to the deceased because there is nobody else to say that she did. Thus, summary judgement on the specific claim against the specific nurse.
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