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IN THE ______________ COURT OF ______________ COUNTY
STATE OF ________________
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Petitioner/Plaintiff, )
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) NO.
Vs. )
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Respondent/Defendant )
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PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENTPURSUANT TO RULE __________
Comes the Plaintiff, _______________, Administrator of the Estate of
_______________, Deceased, and files this her Motion for Partial Summary Judgment
against the Defendants _______________, a Minor and _______________, on the issue of
negligence and proximate causation as to the wreck and the death of _______________, pursuant
to Rule ____ of the _______________ Rules of Civil Procedure. Plaintiff charges and will show
that there exists no genuine issue of material fact as to the liability of the Defendants as to the
cause of the wreck and the death of _______________ being a proximate result of the wreck
which is the subject of this action. In support of her Motion for Partial Summary Judgment, Plaintiff specifies the following
undisputed facts: 1. That _______________ died as a direct result of the wreck which occurred on the
______ day of ____________, 20____, when her _______________ Automobile
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was collided with by the _______________ Pickup Truck being driven by the Defendant,
_______________, a minor, on __________ road, _______________, _______________,
_______________. (Answer of Defendants to Complaint Paragraph 4)2. That the collision which caused the death of _______________ occurred entirely
within the lane of travel of _______________. (Answer of Defendants to Complaint, Paragraph 4). 3. That the collision with _______________'s vehicle occurred entirely within the
lane of travel for northbound traffic on _______________ road, which was the lane of travel in
which _______________ was traveling before the Collision. (Response to Plaintiff's Request for
Admission No.5 Admitted.) 4. That immediately before the collision _______________ crossed the centerline of
_______________, which at said point there was a solid double yellow line. (Response of
Defendants to Plaintiff's Request for Admission No. 4, Admitted). 5. That _______________'s vehicle was struck by _______________'s vehicle while
_______________ was entirely in her proper lane of travel. (Defendants' Response to Plaintiff's
Request for Admission No.13, Admitted.) 6. That _______________, _______________'s natural father, signed
_______________'s application for _______________ Driver's License agreeing to be
responsible for _______________'s negligence until _______________ reached his seventeenth
(17th) birthday. (Defendant's Response to Plaintiff's Request for Admission No. 11,
Admitted). 7. Plaintiff's Interrogatory Number 4 to the Defendants reads: "State in specific
factual detain how you contend the collision between the _______________ pickup truck driven
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by _______________ and the _______________ automobile driven by _______________
occurred, and state the reasons why the collision occurred."Defendants' Response: "Just before the accident happened I remember seeing the car
coming toward me dim its lights. As I was coming up to that curve I remember touc hing my
brakes and the rear tires started sliding to the left. That's the last thing I remember." Plaintiff submits that the sole proximate cause of the collision and the death of
_______________ is as a matter of law, the negligence of _______________ in failing to have
his vehicle under control, driving it over across a double yellow line and into the la ne of travel
for _______________, causing the collision to occur entirely within her lane of travel. That the
negligence of _______________, a minor under the age of 17 years is chargeable to the
Defendant, _______________, pursuant to law and the _______________ Drivers License
Application signed by _______________ for _______________. Wherefore, Plaintiffs Move the Court to grant unto them a Partial Summary Judgment
that the sole proximate cause of the wreck was the negligence of _______________, for which
the Defendant, _______________ is responsible, and that the death of _______________
proximately resulted from the collision and the negligence of the Defendant, _______________. This the ____ day of ______________, 20___. Respectfully submitted,
Dated:
Name:
Title:
Address:
Address:
City, State, Zip:
Phone:
Fax:
E-Mail:
Attorney No.:
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CERTIFICATE OF SERVICE
I, ______________________________, do hereby certify that I have this day mailed,
U.S. Mail, postage prepaid, a true and correct copy of the above and foregoing to
__________________________________, at the following address; ___________________________________________________________________ THIS the ____ day of _____________, 20____.
_________________________________