Torts and personal injury law Essay Example | Topics and Well Written Essays - 1500 words

Torts and personal injury law - Essay Example Any party is allowed to move in for summary judgment. The judge may also decide his own to initiate a summary judgment. This not like the partial motion where to discuss information pertaining the affidavits or the interrogative answering of question but instead the court usually carry oral arguments where the court will considered all the evidence that are admissible at the trial under the rules of evidence to support the motion that will be presented in the court. The purpose of summary judgment is to avoid unnecessary trial that involve party. The family should have established two facts before prevailing a motion for summary judgment. One there must be no genuine issue of material fact and two the other party must be entitled to judgment as matter of law. Where the procedural device used during litigation should expeditiously disposed of a case without trial  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   QSN 3.Briefly state the facts of this case, using the information found in the case in LexisNex is. (5 points)FACTSThere was no genuine issues of material loss that warranted for the since the only incidence was Evelyn burning on her right leg by the coffee when she tested if it to see if it was hot. Cristopher was also burned and treated for with secondary degree burns. It was Nedel who sued the owner of the Burgher King on behalf of Cristopher for the claim that the coffee served was defectively made without prior warning of it being hot to an extend it can burn. The owner of the Burgher King went for the summary judgment to avoid unnecessary trial.