The franchise filed a motion for
partial summary judgment, arguing that since it had already conceded the driver was acting in the course and scope of employment, the chain could
only be held vicariously liable under the doctrine of respondeat superior.
Similarly, Cecil et al. found that defendants moving for
summary judgment were awarded
summary judgment in full 64 % of the time, whereas plaintiffs moving for
summary judgment were awarded
summary judgment in full
only 39 % of the time.90 In a subsequent study of all federal district court
summary judgment activity in 2006, Cecil and Cort found that moving parties succeeded more often (57 %) than non-moving parties (43 %), as was the case for moving parties in federal court in our sample (73 % to 27 %).91 Although success rates in our sample were higher than success rates in the Cecil study and the Cecil and Cort study, a higher success rate is expected given that we excluded motions seeking
partial summary judgment from our sample.