The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
It is worth noting that situations similar to those described in this birth injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, or Sutter.
Response of Defendants, Mark Davis, M.D., Glenn Hall, M.D., and Universal Perinatal Group, to Plaintiffs’ Motion for Trial Preference; Memorandum of Points and Authorities
MEMORANDUM OF POINTS AND AUTHORITIES
PLAINTIFFS ARE SEEKING A PREFERENTIAL TRIAL SETTING AS ONE OF A NUMBER OF STRATEGIC MANEUVERS DESIGNED TO IMPEDE DEFENDANTS AND PREJUDICE THEIR ABILITY TO PROPERLY PREPARE THIS MATTER FOR TRIAL.
This is an action for medical malpractice and intentional tort (battery) arising out of the care and treatment rendered to co-plaintiff, Kristy Smith, during the course of her pregnancy with, and during the delivery of minor plaintiff, Owen Smith. This action also appears to be based on the care and treatment rendered to the infant immediately following his birth. With respect to the infant, plaintiffs are alleging that he suffers from severe and catastrophic neurological deficits as a result of defendants’ alleged negligence. Plaintiffs, Wesley Smith and Kristy Smith, are also alleging a cause of action for emotional distress. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiffs seek a preferential trial setting pursuant to Code of Civil Procedure §36(b) on the grounds that the minor plaintiff, Owen Smith, is under the age of fourteen. While these responding defendants do not oppose such motion, as there do not appear to be grounds upon which to do so, it is important that the court be made aware of the following matters when determining when to set a trial date. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.