It is worth noting that situations similar to those described in this trip and fall case could just as easily occur at any of the supermarkets in the area, such as Safeway, Raley’s, Bel Air, Save Mart, Walmart, or Whole Foods.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.)
Plaintiff Sylvia Smith, et al.’s Memorandum of Points and Authorities in Opposition to Motion for Summary Judgment
This is a trip/fall and medical malpractice action arising out of decedent Al Greene’s February 2005 fall in the Sacramento National Sporting Goods store, wherein he fractured three cervical vertebrae, and the subsequent failure to treat these injuries at the Sacramento Valley Medical Center. Moving party Thomas Black, MD, is the attending emergency room physician who was advised of the possible fractures but did not respond accordingly. The fractures were not treated until more than a year later by which time Mr. Greene was a functional paraplegic. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Dr. Black now moves for summary judgment on the grounds that notwithstanding his failure to address the cervical fractures, he met the standard of care in the community and thus committed no malpractice. Plaintiffs’ emergency room consultant disagrees that Dr. Black failure to address the possible cervical fractures satisfies the standard of care.
Further, the motion is defective under CCP § 437c in that it fails in that it fails to provide 1) admissible evidence 2) of an undisputed fact, which 3) either proves an affirmative defense of disapproves at least one essential element of each cause of action. (See Part 2 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.