Oregon Plaintiff's Motion for Partial Summary Judgment — Personal Injury is a legal document filed by the plaintiff (injured party) in a personal injury case in the state of Oregon. It serves as a request to the court for a ruling on certain aspects of the case without going to trial. This motion seeks a judgment in favor of the plaintiff on specific issues based on undisputed facts or matters that can be resolved as a matter of law, eliminating the need for a full trial. Keywords: 1. Oregon: This motion pertains to personal injury cases filed in Oregon, abiding by the state's specific laws and procedures. 2. Plaintiff: Refers to the injured party or the person filing the lawsuit seeking compensation or damages for their personal injury. 3. Motion: A formal request made to the court to obtain a specific action or decision. 4. Partial Summary Judgment: A ruling by the court on a specific issue or set of issues in favor of one party (plaintiff), based on the absence of factual disputes or legal principles that warrant a trial. 5. Personal Injury: Refers to harm caused to an individual's body, mind, or emotions, resulting from another party's negligence, intentional acts, or strict liability. Different Types of Oregon Plaintiff's Motion for Partial Summary Judgment — Personal Injury: 1. Liability Motion: The plaintiff seeks a judgment that holds the defendant solely responsible for their injuries, alleging negligence or intentional misconduct on the defendant's part. 2. Damages Motion: The plaintiff requests a judgment determining the amount of compensation to be awarded based on the extent of their injuries, medical expenses, lost wages, pain and suffering, and other related damages. 3. Causation Motion: The plaintiff endeavors to establish that the defendant's actions or negligence directly caused their injuries, eliminating any doubts concerning the causal relationship. 4. Negligence Per Se Motion: The plaintiff alleges that the defendant violated a statute or regulation designed to protect against the type of harm suffered, making it unnecessary to prove negligence. 5. Vicarious Liability Motion: The plaintiff asserts that the defendant should be held accountable for the actions of another party, such as an employer's liability for the actions of their employee. It is important to note that the specific types of motions may vary depending on the circumstances of each personal injury case filed in the state of Oregon.
Oregon Plaintiff's Motion for Partial Summary Judgment - Personal Injury
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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.
Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.
ORCP 71B(1) allows the court to relieve a party from a judgment or order for mistake, inadvertence, surprise or excusable neglect; fraud, misrepresentation, or other misconduct of an adverse party when accompanied by a pleading containing an assertion of a defense.
A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.
When a motion for summary judgment is denied, the nonmoving party achieves a form of premium that enables a case to settle for an additional amount. Put simply, the settlement value of a case increases when a motion for summary judgment is denied. Thus, denials of summary judgment up the ante in the litigation game.
In order to successfully file a motion for summary judgment, the party filing the motion must show that there are no genuine issues of material fact, and as a matter of law, the other party is not entitled to any relief.
Although the law is clear that only admissible evidence may be considered on summary judgment, that does not mean that the material must be presented in a form that would be admissible at trial. Affidavits and declarations are the classic examples.
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.