Question

A plaintiff filed a civil action based on negligence against a defendant in federal district court, alleging that the defendant negligently ran a red light at an intersection and collided with the plaintiff's vehicle, causing the plaintiff's injuries. A week after the close of discovery, the plaintiff filed a motion for summary judgment on the issue of whether the defendant was negligent. With the motion, the plaintiff filed (i) his own sworn affidavit, which stated that the traffic signal was green as he entered the intersection, (ii) an affidavit of a witness who was driving the car behind him, which stated that the witness saw the entire incident and that the plaintiff's traffic signal was green as he approached and entered the intersection; and (iii) an affidavit of another witness, which stated that she saw the entire incident and that the defendant's signal had been red for several seconds before the defendant entered the intersection and was still red when the defendant entered the intersection. The defendant filed a response to the motion, noting that her answer denied negligence and further denied that her traffic signal was red, and argued that the issue of negligence and the issue of whether her traffic signal was red were in dispute, so those issues should be tried to a jury.How should the court rule on the plaintiff's motion?
A. Deny the motion, because whenever a defendant's pleadings deny allegations in a plaintiff's complaint, the disputed issues must be submitted to trial.
B. Deny the motion, because the defendant has no duty to produce evidence on the issue of negligence since the plaintiff has the burden of proof on that issue.
C. Grant the motion, because the plaintiff supported his motion with substantial evidence indicating that the defendant was negligent, and the defendant did not come forward with admissible evidence in rebuttal.
D. Grant the motion, because whenever a plaintiff's complaint properly states a claim for relief, a defendant may not rest on the denials in the defendant's pleading, but must produce evidence that negates the claim.

Answer 1

Answer:

The court should grant the motion, because the plaintiff supported his motion with substantial evidence indicating that the defendant was negligent, and the defendant did not come forward with admissible evidence in rebuttal.

Explanation:

• To prove the negligent behavior of the defendant, the plaintiff is expected to present enough evidence to cover the proof of negligence in all the four elements of negligence, namely duty, breach, cause, and harm.
• If the evidence to prove all the four are present, the court most probably grants the motion in the favor of the plaintiff.