Understanding Summary Judgment Motions
Posted Friday, August 17, 2018 by Chris Thayer
17-year-old Hayden Simmons died in 2015 when the helicopter he was piloting hit two power lines over Ayers Canyon. Hayden was a certified pilot. His 16-year-old cousin also died in the crash.
The Washington Department of Fish and Wildlife manages the canyon, and the power lines are operated by Clearwater Power. Hayden’s parents filed a wrongful death lawsuit against the department and the power company, alleging that the power lines and utility poles “constituted an unsafe and dangerous condition to aircraft in flight over Ayers Canyon” because they were unmarked and difficult to see.
The parties are currently debating whether they are entitled to summary judgment.
*What is Summary Judgment?*Summary judgment is a court decision for one party without a full trial. If a party believes there are no factual disputes requiring jury input, he can ask the judge to decide the case. Parties make this request by filing a motion for summary judgment.
*Filing a Summary Judgment Motion*Here are a few things you need to know about filing a summary judgment motion in your personal injury or wrongful death lawsuit:
Timing is key. As with everything in litigation, there are rules about when you can file a summary judgment motion. You can either file “after the expiration of the period within which the defendant is required to appear” or after the defendant files his or her own summary judgment motion. Specifically, you must file the motion no later than 28 calendar days before the hearing. An experienced attorney can help you with this.
You can file opposing documents. If the other party files a summary judgment motion first, you can file one, too. Or you can just provide evidence opposing the other party’s motion. Your attorney can help you with this, too.
Summary judgment might not dispose of the entire case. Lawsuits do not usually involve a singular issue or point of law. For example, in a wrongful death case you are arguing that the defendant acted negligently and that you are entitled to damages. It might be obvious that the defendant was negligent, and you might seek summary judgment just on that issue. The trial might need to proceed on the amount of damages that you are entitled to receive.
*Filing a Wrongful Death Lawsuit in Washington*Grieving family members can file a wrongful death lawsuit against the person whose negligence or wrongful act results in their loved one’s death. But only certain family members are eligible:
- The personal representative of the loved one’s estate;
- The loved one’s spouse or registered domestic partner;
- The loved one’s children or stepchildren; or
- Parents or siblings, if the loved one was not married or did not have any children.
The deadline for filing a wrongful death claim in Washington is three years from the date of the death.
Eligible survivors may seek compensation for:
- Medical bills and funeral and burial expenses;
- Lost wages
- Pain and suffering
- Loss of care, companionship and other noneconomic (not easily quantifiable) damages; and
- Any relevant property damage costs.
*Contact Us Today*Contact one of our personal injury attorneys today for a free consultation if you or a loved one was injured or killed by an act of negligence. Our experienced attorneys will guide you through the litigation process, including a summary judgment motion if that is relevant in your case.
(image courtesy of Joseph Pearson)