Example Motion for Summary Judgment

0 Small Claims 0 County Court 1 District Court
0 Probate Court 0 Juvenile Court 0 Water Court
Larimer County, Colorado
Court Address: 201 LaPorte Ave.
Fort Collins, CO 80521

Scott Walker,

Plaintiff.

v.

Tanya Brewster,

Defendant.

Jessica Thompson, Attorney at Law
2345 Litigator Way
Fort Collins, CO 80525
Phone Number: (970)493-5555
FAX Number: (970)555-5555
E-mail: LLawyer@legal.com
Atty. Reg. #: 11111


Case Number:


Div.: Ctrm:

MOTION FOR SUMMARY JUDGMENT

The plaintiff appears by and through his attorney, Jessica Thompson, and respectfully submits this motion for summary judgment against the defendant, Tanya Brewster.

I. Jurisdictional Allegations

1. Venue for this complaint is correct pursuant to C.R.C.P. 98(c)(1).

2. This motion for summary judgment is within time constraints pursuant to C.R.C.P. 56.

II. Claims by Plaintiff

3. The plaintiff claims that the defendant acted negligently with the storage of the firearm in her home.

4. The plaintiff also claims that the defendant was negligent in her supervision of their minor child, T.J.




III. Undisputed Facts

5. In the defendant’s answers to question number 7 of the plaintiff’s interrogatory, she stated no affirmative defenses to the allegations stated in the complaint.

6. The defendant admits in her witness testimony that she didn’t know where the gun was stored or that it actually had a lock on it. The defendant stated that she did not know where the gun was located after admitting reading the handout, “Colorado Criminal Code §105: Criminal Storage of a Firearm,” that her boyfriend, Carl Newhouse, had given her, where it states that a person who would be found guilty under this statute would not know where a firearm was stored, or that it was secure with a trigger-lock or a lock on the container the firearm was stored in.

7. The negligence of the defendant in not knowing where the gun was stored or if it was properly locked, was the proximate cause of Jesse being shot. The defendant owed a duty to her child to make sure that the gun was locked and stored properly as well as know where it was stored. The defendant breached that duty, which was the proximate cause of T.J. to take the firearm, and shoot Jesse. The defendant is responsible for the monetary damages to the plaintiff’s son, Jesse, in the medical bills he incurred from the incident as well as the future bills he will incur due to his permanent disablement.


Verification

State of Colorado )
) ss.
County of Larimer )

The undersigned Plaintiff, having been first duly sworn upon his oath, deposes and states that he is the Plaintiff in the above-referenced action, that he has reviewed the foregoing Motion for Summary Judgment, and that the statements made therein are true and correct to the best of his knowledge, information, and belief.

_______________________
Scott Walker, Plaintiff

Subscribed and sworn to me before this _____day of _____20___, by.
Witness my hand and official seal. My commission expires:


______________________
Notary Public
Address: 1609 Oakridge Drive
Fort Collins, Co 80525


Dated: _August 25, 2008



CERTIFICATE OF SERVICE

I certify that on August 25, 2008 the original of this Motion was filed with the Court; and a true and accurate copy of this MOTION FOR SUMMARY JUDGMENT was served on the other party by placing it in the United States mail, postage pre-paid and addressed to the following:________________________________________.
______________________________________
 Petitioner/Plaintiff OR  Respondent/Defendant



ORDER GRANTING RESPONDENT’S MOTION FOR SUMMARY JUDGMENT

This matter came before the court for review of the Respondent’s motion for summary judgment on August 25, 2008. The court reviewed the file and the motion and having been duly advised in the premises, hereby grants the same. Counsel for the Respondent will notice the matter in for setting of due-date of the answer within two weeks after the thirty days after being served are over. It will set forth that the defendant pay in the amount of $500,000, in lieu of the full amount requested by the plaintiff, to end this action.
BY THE COURT:
________________
Judge