Q: I'm trying to figure out how to file a motion to Oppose/Object a Motion for Summary judgement.
I am the Plaintiff in a slip and fall lawsuit against a grocery store. I had to end up defending myself pro se. On 6/18/24 I was granted the motion to receive a copy of the surveillance footage of the incident before deposition. The defendant sent 9 files that were difficult to access, so I was unable to view them before deposition. The only video I was able to view was the part where I fell, and 2 other employees were on the next aisle over. During deposition on 6/26/24, I admitted I did not know how the spill got there, but there were no wet floor signs.
On 8/26/24, the Defendant filed a motion for Summary judgement stating that during deposition, I stated I did not know how the spill got there, how long it was there or if any of their employees saw it. Yesterday I was finally able to afford to pay for a drop box service to download and view the tapes. And now I know how the spill got there, and how long the spill was on the floor.
A: You need to file an opposition to the motion for summary judgment. It should be supported by an affidavit (written statement under oath and signed by you and the notary before whom you swore under oath) setting forth the genuine issues of material fact which you believe would be issues to prevent the summary judgment from being awarded. Among other things, you should explain about your difficulty in viewing the video files and why you now think those files are relevant.
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A:
In Florida, to oppose the Motion for Summary Judgment, you should file a written response detailing the new evidence you discovered from the surveillance footage. Explain that the video now shows how the spill occurred and how long it was on the floor, which creates a genuine issue of material fact. Florida Rule of Civil Procedure 1.510(c) governs summary judgments. You should attach an affidavit or declaration explaining the facts, and you may request a hearing. Since time is critical, consider consulting an attorney to ensure the response is properly filed.
Best of luck, and I hope everything goes well.
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