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April 9, 2018 - Blog

The Litigation Process: Making a Motion for Summary Judgment

As The New Jersey Dog Bite Lawyer, attorney David J. Cowhey knows that, more often than not, dog bite cases are won outside the courtroom. This is why in many of the dog attack claims that he handles, he makes filing a Motion for Summary Judgment a top priority. 

What is a Motion for Summary Judgment?

Simply put, a Motion for Summary Judgment asks the court to issue a summary judgment on a claim. This typically happens when the two parties involved can agree to the facts or there is sufficient evidence that the facts can’t be disputed. A judge will review the facts and any evidence provided to support the claim. When a motion for summary is granted, a decision is made. This can apply to all or part of a lawsuit and can often prevent a long, costly trial.

A Motion for Summary Judgment in a dog bite case is a request made by a plaintiff’s attorney for the presiding trial judge that has been assigned to the case to settle the issues of liability (the extent to which the dog’s owner was negligent in failing to properly confine or restrain their dog prior to the attack) and/or “proximate causation” (the extent to which the dog owner’s negligence helped cause the attack) even before the case goes to trial. 

Mr. Cowhey, when he makes such a Motion, is asking the trial judge to decide, as a matter of law, on the issues of liability and/or causation in favor of you, the plaintiff/dog bite victim.

What is Used to Prepare the Motion for Summary Judgment?

In preparing the Motion, Mr. Cowhey may utilize the defendant’s answers to Requests for Admissions as to whether or not

  1. the defendant owned the dog at the time of the attack;
  2. the plaintiff was bitten by the dog owned by the defendant;
  3. as a result of the attack, the plaintiff sustained an injury, and
  4. the plaintiff was legally on the premises where they were bitten and did nothing to provoke the dog in any way prior to being bitten. 

 

In addition, relevant pleadings, answers to interrogatories, and expert reports may also be used.

This helps the judge to make a decision on the issues of liability and proximate causation. 

Outcome of a Motion for Summary Judgment

Any case in which the defense is willing to stipulate that the plaintiff’s claim satisfies the requirements of the New Jersey Dog Bite Statute should warrant a favorable ruling on a Motion for Summary Judgment.

If a favorable ruling on the Motion is obtained, the only issue that will go before a jury at the trial of your dog bite case will be the “quantum of damages,” or monetary amount, to be awarded to you, the dog bite victim, for your injuries.

Choosing a New Jersey Dog Bite Attorney for Your Dog Bite Claim

In choosing an attorney to represent you for your dog bite injuries, make sure that you select one that gives you the best chance of receiving a favorable outcome by putting the issues of liability and proximate causation to rest before your case is even tried.  Call The New Jersey Dog Bite Lawyer, David J. Cowhey, today on our 24/7 Attorney Hotline at (609) 513-0627 for a free consultation.

Updated July 7, 2021

 

I’ve been bitten by a dog

Talk to The New Jersey Dog Bite Lawyer, New Jersey's most experienced and successful dog bite attorney.

or call us at

# (609) 513-0627

Dave was awesome helping me through the nightmare world of insurance claims after my daughter was attacked by a neighbors dog. Dave is very friendly, always available and extremally knowledgeable and connected to this process. I highly recommend you call him about your case,

John L.

David Cowhey, Esq. did a great job for my daughter, who had been bit by a dog and left with a scar on her leg. He is an extremely competent and responsive attorney. The whole process was very easy and he negotiated a great settlement! We are very happy. Highly recommend his professional services!!

J S

My experience with David Cowhey was amazing, he is a very knowledgeable and helpful lawyer. I got bit by a dog and it left a very noticeable scar on my leg and David was great to have on my side. He’s very easy to work with, would definitely recommend if you’re going through the same thing!

Michaela S.

Dave is so professional. My daughter was 6 when she was attacked by a friend of the family dog. I contacted Dave’s office and spoke with his secretary. She was so friendly and asked questions that made me feel comfortable. I was amazed by how fast the service was and everything was easy to understand. Dave made sure my daughter was compensated for her injuries and along with pain & suffering. There couldn’t be a more perfect choice but that’s because God helped me choose this great lawyer! He did an excellent job!!! She is 7 now and We are now able to move on better because of the help of Dave. Pick this lawyer!! I PROMISE YOU WONT REGRET ANYTHING AT ALL‼️ Thank you Dave!

Nieja M,

My entire experience with Dave and his team was 5 stars. They specialize in one thing, and this experience taught me why you want an attorney who specializes. Dave's knowledge, experience, and confidence is what made things go smoothly and quickly. Professional and quick responses always. If someone was bitten by a dog I recommend this guy, he will get you what you deserve.

Morgan K.

My wife got bit by a dog last spring; she immediately received medical care and we made a police report- all within 2 hours. Shortly thereafter, we decided to choose Attorney David to represent her. He walked us through the process. It is much more comfortable knowing that his practice only involves dog bites. He knows his stuff! We have just received notice that a fair settlement has been reached. If you have been bitten by a dog, my wife and I would highly recommend David Cowhey for an attorney. Thank you to David and his professional staff!

David D.

My 8 year old son was bitten by a neighborhood dog, leaving permanent scars on his abdomen. I immediately contacted David Cowhey. He explained the process very clearly and made it very easy for us to come to a fair settlement for my son. He was a perfect advocate for us, and he is very compassionate for the victim. We are very pleased with the hard work David has done for our son.

Stephanie D.

Lawyer Dave Cowhey (& his office) helped my wife, son and me immensely over the past 15 months. He is tremendously professional, responsive and proactive, as well as being, a great attorney. Thanks to Dave, we are now able to put our 'incident' behind us. I highly recommend his services - he will work hard and long for you to get you the settlement you deserve.

Seth K G

My experience with Dave and his law firm was wonderful. While I was nervous to start the process of something that I knew nothing about, he was extremely helpful and explained everything clearly and concisely. He answered all of my questions - day or night, weekday or weekend, and made sure I was comfortable at each step. I would highly recommend Dave and his firm!

Ariella L.

I absolutely loved my entire time of working with with Dave. He always kept my best interest in mind and made sure that I was taking care of. He was amazing at communicating all steps in the process with me, and never hesitated to answer any of my questions. Would highly recommend!

Amanda G.

Dave was extremely responsive and guided me thru the process with compassion. His specialization in dog bites really helped facilitate the process. He knows all the insurance issues and, despite the backlog of cases due to Covid, was able to settle my claim for more than we anticipated as well as earlier. I would definitely recommend Dave as I felt comfortable that I was getting the best advice every step of the way!

Kristen J.

Dave did extremely well by me and my family. He was nothing short of professional and assisted us through the entire process. I called him the day of the dog bite, and I followed his instructions to the "T". Him, and his staff, were knowledgeable on every step of the process. From medical advise, to advise on setting up our structured settlement for our child. If you need help right away, don't wait.... call him asap!!!

William W.

Dave was amazing, he handled my case with care , answered every question , email and helped me to understand the steps we needed to take. I had never dealt with a lawsuit before so of course I was nervous and thought I was going to get ripped off but nope. He was very professional and attentive. Hope I never need him again but should I ever need a lawyer for a dog bite i'm calling him first!

Neyia W.

Dave Cowhey was amazing during our case which was very personal in the sense that involved family members. He was candid and professional and always gave us his honest opinion to all our questions and concerns. He's a family man and understands how upsetting the situations are at hand. I wish he was a lawyer for everything honestly, he was fantastic! Highly recommended Dave and his team.

Courtney R.

My one year old dog and I were viciously attacked by a pit bull. I didn’t want to file a law suit initially until I realized the severity of the injuries both mentally and physically. Most lawyers are all about the money not for the justice and compassion of the victim. I am blessed to have found David. He was our hero who understood our situation was efficient knowledgeable and above all sincerely compassionate

Karol M.

Dave was hands on and always available. Steered me through the entire process and helped cover my medical costs and compensation for my scar and injury. Went over and Beyond and made me feel at ease and confident in a positive outcome. Would recommend to all.

COACH B

Honest, fast, responsive and professional. Great experience working with Mr. Cowhey and I highly recommend to handle any dog bite case.

Lilian P.

We contacted Dave when our 5 year old son was attacked by our neighbor's dog, resulting in deep wounds (and now scars) on his face and arm. Dave was extremely knowledgeable/helpful from the start, explaining how everything would work, and he was always available via phone/text if we had questions come up throughout the process. He always gave us all of the options/routes we could take and let us decide what was the best move for our family. He advocated for the best outcome for our son and always kept us in the loop. We were able to settle in a friendly hearing with the homeowner-insurance company, which was simple and straightforward, thanks to all of Dave's hard work behind-the-scenes. We definitely could not have navigated this process ourselves and we are very thankful for the help of Dave and his team!

Elisa H.

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I’ve been bitten by a dog

Talk to The New Jersey Dog Bite Lawyer, New Jersey's most experienced and successful dog bite attorney.

or call us at

1 (609) 513-0627
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