What is a Motion?
A motion is, “The formal mode in which a member submits a proposed measure or resolve for the consideration and action of the meeting.” (Black’s Law Dictionary 1133. 4th Ed. Rev. 1968). It court, it is a formal request made to a judge to issue a ruling or take some action.
A motion can be requested by any party in court, and the judge may either grant or deny the request. Motions are always made with the intention of it benefiting the moving party, or movant. An example of a motion is a party requesting a case to be dismissed for a specific legal reason. They may also motion for a new trial if there are significant errors or issues in an original trial. All motions must be made after the initial complaint has been filed in a legal proceeding.
Motions can be either written or spoken. Regardless of which, the opposing party to the movant will usually have a chance to be heard by the judge regarding whether the motion should be approved or not. Motions for dismissal or new trial are only two of a wide range of possible motions. Even if a trial is not retried or dismissed, a judge’s ruling on a motion can greatly impact the outcome of a case, such as whether certain evidence is excluded or if it is allowed in court.
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Teens and Distracted Driving Could Require a Pennsylvania Injury Lawyer
As an experienced injury lawyer at Munley Law Personal Injury Attorneys of Scranton, Pennsylvania, Marion Munley has seen many teens start out as careful, cautious drivers, but it only takes a few months behind the wheel before teens feel over-confident in their driving skills and get involved in a car accident. Dialing cell phones, texting, eating, and talking to passengers are all examples of things that teens may do while driving. Multitasking distracts teens and all drivers from the road, a skill that still requires their full attention.
This topic was recently published in the Jan. 2 issue of the New England Journal of Medicine from a study conducted by the Virginia Tech Transportation Institute and the National Institutes of Child Health and Human Development. The data reveals that, compared to experienced drivers, new drivers engaged in secondary tasks less frequently during the first six months. Between months 7 and 15, […]
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Ohio Oral Surgeon Faces Second Lawsuit
The Chronicle-Telegram reports a retired Lorain, Ohio oral surgeon is being sued for an undisclosed amount by a patient who claims she “was injured and was caused to suffer seizures, neurological damage and other severe and debilitating injuries, some of which were permanent in nature,” during treatment in Dec. 2010.
According to the article, a motion attached to the lawsuit seeks a 90-day enlargement of time to file an affidavit of merit, stating “there is strong reason to believe a cause of action exists” against the surgeon and unnamed nurses, dental assistants and/or health care professionals that the suit lists as defendants.
The physician had previously been sued when a 13-year-old patient died after receiving sedation prior to oral surgery in December 2010. The doctor’s insurance company paid $1 million to the family of the deceased girl, and the 81-year-old physician stopped giving intravenous sedation and agreed to retire in September. […]
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New Jersey Man Receives $2 Million in Yamaha Snowmobile Accident
The Daily Record reports a Sparta man will receive $2 million from Yamaha following a snowmobile accident. The judge added $900,000 to the $1.1 million award from the jury.
In February of 2005, when the now 61-year-old man borrowed his friend’s 1995 Yamaha VX600V-R snowmobile, the engine started to hesitate. While he and another friend lifted the rear of the snowmobile, the owner revved the engine with the throttle in an effort to clear the spark plugs. The metal track broke and shot out of the rear of the snowmobile and ripped through the victim’s right leg.
Efforts to save the 75 percent severed leg were not successful, and the man’s leg was amputated above the knee a few days after the accident.
In the product liability trial, the jury awarded $1,107,000 for pain and suffering, economic losses, and medical expenses. The man’s attorney filed a motion for an “additur” with the judge which was granted and raised the award another $900,000. […]
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