MOT, NOT, BRIEF
Corey Lightner, Attorney at Law
Bar No. 85-455
Miami, Florida 33176
305-456-7890

ATTORNEY FOR PLAINTIFF

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
INANDFOR ­­­MIAMI-DADE COUNTY, FLORIDA

WILMA MAPLES,

Plaintiff, CIVIL DIVISION vs. CASE: 13-2014-159753 DEPT. NO: XVII DOCKET NO:
WE CARE FOR YOU HOSPITAL AND
REHABILITATION CENTER,
1-5 DOES,
1-5 ROES, MOTION FOR SUMMARY JUDGMENT, NOTICE, AND BRIEF

Defendants.
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MOTION FOR SUMMARY JUDGMENT COME NOW, PLAINTIFF, by and through her attorney of record, Corey Lightner, Esq.. of YOUNG’S LAW FIRM, and hereby files their Motion for Summary Judgment. The rule governing this matter is Rule 1.510(c) of …show more content…

As a direct and proximate result of Plaintiff’s fall, Plaintiff incurred additional fees and expenses.
Plaintiff filed suit asking the court to compensate for injuries received, additional expenses for medical care, other incidental expenses, and lost earnings. Defendant claims the pain Plaintiff experiences is the result of other deterioration of the spinal column. Defendant also claims there was no negligence on its part, but that there was negligence on Plaintiff’s part since Plaintiff should have had glasses on and ensured the security of the wheelchair prior to attempting to use it.

ISSUE
1. Has Plaintiff established a valid claim for negligence against We Care for You Hospital & Rehabilitation Center upon which relief can be granted as Defendants failed in their duty to provide Plaintiff with adequate care in preventing avoidable injury?
STANDARD OF REVIEW
Summary judgment is appropriate when the moving party is entitled to judgment as a matter of law and no genuine issues of material fact remain for trial. The motion shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissible in evidence on which the movant relies. Fla. Civ. R. P. 1.510.

Authority has established that the plaintiff has a burden of establishing a standard