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An MPT task memo asks you to draft a persuasive brief opposing a defendant's motion for summary judgment in a slip-and-fall case. The File includes deposition excerpts, store inspection logs, a manager's email, a photograph of a leaking freezer, and a customer statement. The plaintiff admits she did not see the water before falling, but the logs show no inspection for 90 minutes and the manager's email says the freezer had been "leaking on and off all week."
The Library states that summary judgment must be denied when a reasonable factfinder could resolve a material fact for the nonmoving party. One case denies summary judgment based on recurring hazard evidence and missed inspections. Another grants summary judgment where the plaintiff had only speculation about how long a spill existed.
What should the persuasive brief emphasize? Discuss selection of arguments, use of record facts, treatment of the plaintiff's admission, use of the Library, avoidance of outside law, and the requested relief.