This form is a sample plaintiff's motion for partial summary judgment on the issue of liability in personal injury case involving an automobile accident.
Mississippi Plaintiff's Motion for Partial Summary Judgment - Personal Injury
State:
Multi-State
Control #:
US-PI-0271
Format:
Word;
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How to fill out Plaintiff's Motion For Partial Summary Judgment - Personal Injury?
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FAQ
The collateral source rule prevents the defendant from submitting evidence that your medical bills were covered by insurance. Likewise, the collateral source rule also prevents the defendant from trying to reduce the value of your claim because you received money from a third party.
The collateral source rule, which dates from 1854, prohibits the admission in a civil lawsuit of evidence that the victim has already received compensation from a source other than the defendant.
The collateral source rule is a common law doctrine under which an injured party's damage award may not be reduced by payments, also intended to compensate the harm caused by the tortfeasor, received from third parties. Restatement (Second) of Torts § 920A cmt. b & d (1979).
Mississippi law permits the introduction of evidence of payments typically barred by the collateral source rule if the evidence is introduced for a purpose other than to mitigate damages.
In a summary judgment, one party may contend there are no facts that need to be decided, or the parties may agree on what the facts are. Either side (and sometimes both sides) may bring a motion for summary judgment arguing that they are entitled to a judgment in their favor without a trial.
Rule 55 - Default (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default.
"The collateral source rule in Mississippi provides that compensation or indemnity for the loss received by plaintiff from a collateral source, wholly independent of the wrongdoer, as from insurance, cannot be Page 3 Pg. 231 set up by the [defendant] in mitigation or reduction of damages." Burr v.
What Is a Partial Summary Judgement? In some cases, the court may grant a motion for partial summary judgment. The purpose of partial summary judgment is to simplify a trial by ruling on some claims, but not all. For example, the court might rule on some factual issues but leave others for trial.