Q: Hi I have a pending legal question ! I was in a slip and fall accident (2017) I’ve had 3 surgeries arthroscopic
2 on both shoulders and 1 on my hip my hip is stated to need future replacement! My case is in the stp part Bronx ny the defendant filed summary judgement and the judge denied it is that good for me ? And does the denial of summary judgement means I can sue for additional amount! Lastly is this normal to take so long for a slip and fall case. It’s been 4 a half years ! Also I’m still on maintenance physical therapy. Can someone help me please! Thank you
A: I'm sorry for the serious injuries you sustained here in this accident. These are really questions that your attorney would be able to address best. This is not meant to evade your question, but it is because your case sounds like a complex one and your file has probably grown thick over the course of four-plus years of litigation. If the defendant filed a motion for summary judgment, you could be fairly confident that it wasn't to help your case. Therefore, the dismissal of an opponent counsel's summary judgment motion sounds like a good thing for you. Yes, a case of this complexity that involves three surgeries can go on for a considerable amount of time. Again, with all best wishes for a successful outcome for your case, specific questions about summary judgment motions and the continued care you will receive are things that your own attorney could address better than any of us here in the brief format of this Q & A board. Best of luck to you.
Jonathan R. Ratchik agrees with this answer
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A: Denial of the defendant's motion for summary judgment is good for you - it basically means that there are issues of fact that need to be decided by a jury. It does not mean that you will win your case - just that the defendant is not entitled to judgment as a matter of law and that your case will proceed to trial. Keep in mind that there is no guarantee that you will win at trial. And even if you win at trial, the defendant may appeal the jury's verdict or bring up for review the court's denial of its motion for summary judgment.
Tim Akpinar agrees with this answer
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