Did you do this case pro se? Slip and fall cases are tricky. What did the defendants argue in their summary judgment motion? Hard to answer your questions without more. Also, your questions are not very clear.
You're asking for legal advice. That's why you hire a lawyer in the first place.
It's not too late. Talk to one of us soon!
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
Based upon the few facts you have presented, it is clear you are in over your head. Do yourself a favor and hire an attorney.
You absolutely need to hire a personal injury attorney. Most of them take cases on a contingency fee.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
Although I encourage you to get an attorney, I can take a shot at your questions:
1) You should have obtained a briefing schedule for the motion for summary judgment. This briefing schedule includes time for your response and their reply. After that, there is usually a hearing where the judge will grant or deny summary judgment. If he or she grants it, they will provide you with an explanation for why you have not mustered enough evidence to go to trial. This decision can be appealed to the First District.
If they moved for summary judgment, it does not bode well for you. That said, from my experience, MSJs in slip and falls are more common.
2) After you complete the SJ and all discovery, you will certify that you have completed everything and the judge will transfer your case to Maddux. He will give you a room and set trial date.
Doing this yourself is a very bad idea. If you lose your MSJ, your case might as well be over. Reversals by the First District do happen, but they are rare.
This answer is intended as informational only, and does not constitute legal advice or form an attorney-client relationship between us.
Listen to Mr. Kasher.
I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.
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