In this slip and fall action, one defendant sought leave at a case conference to bring a partial summary judgment motion on duty of care and limitation issues.
The plaintiff opposed the request on the basis that the action would continue against other defendants, the moving defendant would still be a trial witness, and credibility and expert issues remained live.
The court held the proposed motion was not appropriate because it would delay trial scheduling, was unlikely to be materially more cost-effective than trial, and risked inconsistent findings on issues intertwined with the main action.
The request to proceed by summary judgment was therefore refused.
