Summary Judgment Motions in Personal Injury Cases: When and How Defendants Seek Early Dismissal
You filed a personal injury lawsuit seeking compensation for your injuries. Now the defendant wants the court to dismiss your case without a trial. In South Carolina, defendants can seek summary judgment when they argue there is no genuine factual issue requiring a trial and the law allows the court to rule in their favor. Filing the motion, however, does not mean they will succeed.
At Floyd & Spangler, Attorneys at Law, our West Columbia, SC personal injury lawyers represent people facing disputes over liability and compensation. We can evaluate a defendant's motion and help you determine how to respond.
Summary Judgment Allows Dismissal Without Trial
Under Rule 56 of the South Carolina Rules of Civil Procedure, summary judgment allows a court to resolve a claim or legal issue without trial when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.
A material fact is one that could affect the outcome. For example, whether a driver ran a red light may be central to determining responsibility for a collision. A disagreement about an unrelated detail ordinarily would not prevent summary judgment.
The judge generally views the evidence and reasonable inferences in the light most favorable to the party opposing the motion. The judge does not simply choose which account is more believable, so a defendant's competing version of events is not, by itself, grounds for summary judgment.
Defendants Must Establish Grounds for Summary Judgment
Defendants seek summary judgment when they believe the evidence cannot support an essential part of the plaintiff's claim or that a legal defense prevents recovery.
Common arguments in South Carolina personal injury cases include:
No legal duty: The defendant argues that the law did not require them to protect the plaintiff from the particular harm.
Insufficient evidence of negligence: The defendant claims the evidence does not show a failure to exercise the care required by law.
Lack of causation: The defendant argues that the alleged negligence did not cause the plaintiff's injury.
Comparative negligence: The defendant argues that undisputed evidence establishes the plaintiff was more than 50% responsible, generally barring recovery. The plaintiff's degree of fault is ordinarily a jury question.
Legal barriers: The defendant relies on an applicable immunity, statute of limitations, or another defense that could defeat the claim.
In a store slip-and-fall case, for example, the defendant might argue that it neither created the hazard nor knew or reasonably should have known about it. The outcome depends on evidence concerning the hazard and the store's knowledge.
Defendants may also seek partial summary judgment on specific claims or issues rather than dismissal of the entire lawsuit.
When Defendants Typically File the Motion
Under Rule 56, a defending party may move for summary judgment at any time during the lawsuit. Defendants often file after discovery, when documents, depositions, and other evidence have clarified the disputed issues.
The motion must generally be served at least 10 days before the hearing. Opposing affidavits may be served no later than two days before the hearing, subject to other applicable procedural requirements and court orders.
Plaintiffs Can Challenge Summary Judgment Motions
Plaintiffs can oppose summary judgment by identifying evidence establishing a genuine issue of material fact or showing why the defendant is not entitled to judgment under South Carolina law.
At the hearing, attorneys generally present arguments based on the submitted evidence. The judge determines whether the legal requirements for summary judgment are satisfied rather than conducting a full trial.
Evidence That May Help Oppose the Motion
Allegations in the complaint alone cannot defeat a properly supported summary judgment motion. The plaintiff must identify specific facts supporting a genuine issue for trial.
This requirement gained particular significance following the South Carolina Supreme Court's 2023 decision in The Kitchen Planners, LLC v. Friedman. The Court rejected the older “mere scintilla” standard associated with Hancock v. Mid-South Management Co., overruling Hancock to the extent it conflicted with Rule 56.
The ruling established that a mere scintilla of evidence is not enough to defeat summary judgment. In cases involving the ordinary preponderance-of-the-evidence standard, the evidence must provide a meaningful factual basis on which a factfinder could rule for the party opposing the motion.
For injured plaintiffs, this means a response must do more than identify a small amount of favorable evidence. It must address the defendant's specific legal and factual arguments.
For example, medical records may establish an injury, but a defendant challenging causation may require the plaintiff to present evidence connecting that injury to the alleged negligence.
Depending on the dispute, relevant evidence may include:
Accident reports, photographs, surveillance footage, and witness testimony
Depositions revealing inconsistencies in the defendant's account
Medical records and qualified expert opinions about injury causation
Maintenance records or inspection logs showing knowledge of a dangerous condition
Our personal injury representation includes evaluating evidence and responding to legal challenges during litigation.
When Additional Discovery Is Needed
If essential evidence is unavailable, Rule 56(f) allows the opposing party to explain through an affidavit why the necessary facts cannot yet be presented. The court may postpone the motion, permit additional discovery, or take another appropriate action.
However, requesting more discovery does not automatically prevent summary judgment.
The Court May Grant or Deny Summary Judgment
A South Carolina court may grant, deny, or partially grant summary judgment, with different consequences for the lawsuit.
If the court grants summary judgment on the entire claim, the case may end at the trial-court level without a jury deciding liability or damages. An appeal may be available under the applicable appellate rules.
If the court grants partial summary judgment, unresolved claims or issues may continue toward trial.
If the court denies summary judgment, the challenged claim remains pending. A denial does not mean the plaintiff will prevail.
In South Carolina, an order denying summary judgment generally cannot be appealed immediately, so the defendant ordinarily cannot halt the lawsuit simply by appealing that ruling.
Protect Your Personal Injury Claim with Floyd & Spangler, Attorneys at Law
Our lead attorney, Colin T.L. Spangler, represents injured clients in car accident, premises liability, medical malpractice, and other civil matters. He has handled more than 12 jury trials and appeared in more than 1,000 hearings, including motion and evidentiary hearings.
From our West Columbia office, we serve clients in Lexington, Columbia, Cayce, Richland County, and throughout South Carolina. If you need a personal injury attorney, we can discuss the defendant's motion and the evidence relevant to your claim.
Call (803) 636-2736 to schedule a consultation with Floyd & Spangler, Attorneys at Law, about your personal injury case.
