Question

Paul and Dan are involved in a traffic accident at an intersection where there is a traffic circle, but no posted signs or traffic lights. They are in agreement as to everything that happened in the accident, including the locations of the two cars and the timing of events leading to the accident. Based on their pleadings and on information obtained during discovery, the only dispute they have is the interpretation of the state law affecting who had the right of way when they collided. The appropriate motion for either of the parties to file is:

Answer 1

Answer: The appropriate motion for either of the parties to file is MOTION FOR SUMMARY JUDGEMENT.

Explanation: Motion for summary judgement is a request made that begs a court to determine a case that no factual issue are in dispute and that the case is to be decided in favor of one party or the other based on the legal issues surrounding the case. This judgement involves a court ruling a case on at least one claim.

In this question, since both are in agreement as to what happened during the accident, summary judgement will be made on their interpretation of the state law affecting who had the right of way when they collided.