Why Summary Judgment Predicated on Defense of Contributory Negligence is Almost Impossible in Indiana

Why Summary Judgment Predicated on Defense of Contributory Negligence is Almost Impossible in Indiana

Today, we look at the propriety of adjudicating personal injury cases on the basis of a contributory negligence defense at summary judgment through the lens of the new decision in Gonzalez v. Ritz. We also examine the burden on a movant to establish that evidence would certainly not be admissible at trial in order to exclude it at summary judgment.

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