Summary judgement in wrongful death suit?

My husband ate raw oysters at a chain restaurant and contracted zibriovulnificus, which resulted in his death within 36 hours. This is confirmed by receipt from the restaurant and bloodwork stating pathogen/bacteria causing sepsis and bacterimia from the coroner. Defense attorneys are filing for a summary judgment to get case dismissed to keep from going to court. What are the chances of them being successful? What percentage of this type of case ends up dismissed?