In Indiana personal injury cases, before a case reaches trial, it will likely go through the summary judgment stage. Summary judgment is a process in which either party can ask the court to rule in their favor before witnesses are sworn or evidence is considered. Essentially, the court reviews the pleadings, accepting all uncontested facts as true, and then makes a determination if the moving party is entitled to judgment as a matter of law.
In order to survive a motion for summary judgment, a plaintiff must be able to show that there is some material fact that needs to be resolved by the jury. A recent case illustrates how a court’s job in determining whether summary judgment is appropriate can be a difficult one.
The Facts of the Case
The plaintiff was grocery shopping with her husband at the defendant’s store. The plaintiff put a bottle of Sunny Delight into their cart, and the couple continued shopping. Shortly afterward, the plaintiff left to find a restroom. Her husband continued to shop. It wasn’t until later that he noticed that the Sunny Delight bottle had been leaking.