Cooper v. BrownellAnnotate this Case
The Supreme Court affirmed the circuit court’s orders granting Defendants’ motion to vacate default judgments and in granting summary judgment for Defendants in this personal injury action, holding that summary judgment was proper because Plaintiff did not resist summary judgment with specific facts showing a genuine issue for trial on the question of causation for his claimed injuries.
Plaintiff brought this action following a car accident and obtained default judgments against Defendants. Defendants filed a motion to set aside the default judgments, which the circuit court granted. Thereafter, Defendants moved for summary judgment not he grounds that Plaintiff could not prove causation absent an expert opinion showing his injuries were caused by the collision. The Supreme Court affirmed, holding (1) the circuit court did not err in concluding that expert testimony was necessary to prove the accident proximately caused Plaintiff’s injuries; and (2) under the circumstances, the court did not err in granting Defendants’ motion to set aside the default judgment or in denying Defendant’s motion to reinstate the default judgment.