How could Gibbs show that he could prevail without presenting his witnesses and evidence?
This wasn't a trial. It was a hearing regarding a motion. There was a footnote in the judge's decision where he noted that Gibbs submitted affidavits of health care professionals regarding Terri and their opinions on how treatment could improve Terri's condition. However, Gibbs didn't discuss these affidavits in his filing to the Court. In other words, it looks like Gibbs just dumped a bunch of papers on Whittemore and didn't make a cogent argument tying it all together.