Preparing a Motion for Summary Judgment: When a Plaintiff Passes Away Before Giving Causation Testimony

What happens when a plaintiff passes away before she can be deposed regarding her accident, whether due to the accident itself or due to an unrelated illness? If there were no occurrence witnesses to the accident and the plaintiff has given no testimony under oath, plaintiff’s counsel will have to establish causation through circumstantial evidence. In such a scenario, defense counsel has a good opportunity to posture the case for a motion for summary judgment.