In the case of Dunkel v. Dallago, No. S-1335-CV-2022 (C.P. Schuly. Co. Sept. 5, 2025 Burke, J.), the court denied a Defendant’s Motion for Summary Judgment in a motor vehicle accident case in which the Defendant asserted that it should be granted summary judgment in light of the Plaintiff’s failure to produce any expert medical testimony on the issues of causation.
The Plaintiff, who was represented by counsel, failed to file any response whatsoever to the Motion for Summary Judgment. The court still denied the Motion for Summary Judgment after finding that it had the discretion to excuse this failure and otherwise rule upon the Motion.
According to the Opinion, this matter arose out of a motor vehicle accident as a result of which the Plaintiff alleged personal injuries.
Relative to the defense argument that it was entitled to judgment as a matter of law given the Plaintiff’s failure to produce expert medical testimony to support the Plaintiff’s burden of proof on causation, the court referenced the exception to the law generally requiring such expert testimony. The court noted that, under that exception, where there is an obvious causal relationship between an accident and an injury, the requirement of expert testimony may be excused. The court noted that an obvious causal relationship can be found to exist where the injuries are either an “immediate and direct” or the “natural and probable” of the alleged negligent act.
The court found that there remained factual issues in this regard supported the court's denial of the request for the entry of summary judgment.
Although the Plaintiff never filed a Response to the Motion, the court also went on to note that there were other genuine issues of material fact presented in the case. The court noted that the Plaintiff claimed that the Defendant was negligent and the Defendant not only denied negligence in its pleadings but also asserted contributory negligence against the Plaintiff. The court also noted sua sponte that there were other issues likely to be raised at the time of trial, including the speed of the Defendant’s vehicle, whether the Defendant was distracted at the time of the accident, and whether the Defendant pled guilty to any criminal charges in connection with the accident.
Anyone wishing to review a copy of the Court’s Opinion granting summary judgment in favor of a Plaintiff who did not file any Response to the Motion may click this LINK.
According to the Opinion, this matter arose out of a motor vehicle accident as a result of which the Plaintiff alleged personal injuries.
Relative to the defense argument that it was entitled to judgment as a matter of law given the Plaintiff’s failure to produce expert medical testimony to support the Plaintiff’s burden of proof on causation, the court referenced the exception to the law generally requiring such expert testimony. The court noted that, under that exception, where there is an obvious causal relationship between an accident and an injury, the requirement of expert testimony may be excused. The court noted that an obvious causal relationship can be found to exist where the injuries are either an “immediate and direct” or the “natural and probable” of the alleged negligent act.
The court found that there remained factual issues in this regard supported the court's denial of the request for the entry of summary judgment.
Although the Plaintiff never filed a Response to the Motion, the court also went on to note that there were other genuine issues of material fact presented in the case. The court noted that the Plaintiff claimed that the Defendant was negligent and the Defendant not only denied negligence in its pleadings but also asserted contributory negligence against the Plaintiff. The court also noted sua sponte that there were other issues likely to be raised at the time of trial, including the speed of the Defendant’s vehicle, whether the Defendant was distracted at the time of the accident, and whether the Defendant pled guilty to any criminal charges in connection with the accident.
Anyone wishing to review a copy of the Court’s Opinion granting summary judgment in favor of a Plaintiff who did not file any Response to the Motion may click this LINK.
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