There can be several different complications and unexpected events that arise in a personal injury lawsuit, and it’s not uncommon for defendants to attempt to use these situations to their advantage. Some of the most complex issues that arise involve evidence, including identifying witnesses and establishing that the offered evidence is appropriate and should be submitted to the jury. As dedicated Boston car accident lawyers, we are well versed in how to handle these situations so that your right to recovery is protected. A recent appellate court opinion discusses how evidentiary issues can become complicated.
The plaintiff sustained injuries during a car crash in 2014. He filed a negligence lawsuit against the operator of the large semi truck that hit his vehicle and against the company that employed the driver and that owned the semi truck. According to his complaint, the plaintiff alleged that the truck rear-ended his vehicle, causing him to lose control and causing him to strike the median.
The defendant filed a motion for summary judgment, and the plaintiff filed an opposition brief. The defendant filed a motion to strike the plaintiff’s statement of facts in the plaintiff’s opposition brief. The defendant also asked the court to strike two reports from experts attached as exhibits. The magistrate granted the defendant’s request, finding that the plaintiff did not comply with a local procedural rule that requires the party opposing a motion for summary judgment to include a concise statement of material facts in the record. The trial court ultimately granted the defendant’s motion for summary judgment, and the plaintiff appealed.