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Bryan Sims

I think that in cases where the injuries are more difficult for a jury to understand, such as soft tissue injuries, evidence of liability may be the best stuff that plaintiff's counsel has to offer. In such a case, I think it makes sense not to file a motion for summary judgment. In cases in which the plaintiff has good evidence with respect to damages, I think filing a motion for summary judgment may make sense. On the balance, however, I think it is useful for the jury to hear evidence of liability.

John McCarthy

If there is clean liability then the Defense - especially in soft tissue cases - usually admits liability on the eve of trial. 95% of the time the Judge allows them to amend their answer. They usually do this along with a motion in limine barring any mention of when they admitted liability.

Why not admit ahead of time? It is done to make the Plaintiff's attorney work and expend time and resources on liability witnesses.

Have I moved for summary judgment in a Plaintiff's case? Yes. Why? Make the defense work to brief the answer. Also moving for partial summary judgment on certain aspects of a case, i.e. on provocation on a dog bite case. It helps of focus the mind of the adjuster and get them to put money on the case.

Evan Schaeffer

Thanks for those comments, which were very helpful . . .

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