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Injured Lady v. Major Corporation – Judge says: “No, I will not dismiss her case. It goes to the Jury!”

Thursday, March 26th, 2015

Motion to Kick Out Our Case in “Injured, Wheelchair Bound Lady” v. “Major Corporation” – – The judge said “No”; “denied”!

Injury Lady v. Major Corporation - "No I will not dismiss her case, it goes to the jury."

Injury Lady v. Major Corporation – “No I will not dismiss her case, it goes to the jury.”

Yes, we defeated a major corporation’s motion to dismiss our client’s case and are set for trial! Although it took a lengthy process and a hearing to proceed.

In the legal system, a Motion for Summary Judgment is a way to ask the judge to “summarily” dismiss a case. Basically it’s a mechanism that allows suits to be kicked out by law. The party asking for such must establish that there (1) is no dispute of material fact and (2) they are entitled to the dismissal by law.

Well…this can often times get dicey because some lawyers whether intentionally or unintentionally cast facts in a light that is just down right false. And judges are not in the business of hearing “junk lawsuits” despite what some legislatures’ may think, so when they can they will dismiss a lawsuit. Note, we cannot blame the law makers for thinking that there are a bunch of junk cases in our court system. They have been marketed to by the big corporations. Often times unknowingly they support bills that become law which take out of the hands of the jury factual disputes that may involve serious damages, injuries or even death.

Regardless, we fought against a motion asking for our case to be dismissed. Before you get perhaps accusatory or pessimistic thinking that we are proceeding with another “junk lawsuit”, be aware (1) we do not accept meritless cases and (2) our lady is a wheelchair bound survivor of polio who fell at a defective, non-ADA compliant wheelchair ramp. And the ramp is part of an entrance to a MAJOR corporation’s mall. These are the types of injuries laws, like the ADA and State/City Building Codes, are in place to ensure that people like her, and others like you, are protected against.

With that said, we won the battle! And we are preparing to finish the war.

So if you have had doubts about our system, think if it this way. With the jury trial system, while it is not perfect just as nothing here on earth is, you are allowed to present your case to a group of individuals that you indirectly chosen and who are, at best as achievable, not personally tied to the issues at hand or the outcome. It is the best system in the world for deciding disputed facts. And in about 2 months we are set to chalk up another jury trial!

If you or a loved one has been injured. Make the responsible choice. Hire a lawyer that you can trust and that will fight for you.

We’d be honored to be those attorneys. 256-543-HURT By: Trent Garmon, JD, MA

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