(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this vehicle accident/medical malpractice case and its proceedings.) To plead a cause of action for negligence per se, plaintiff must allege: defendant violated a statute, ordinance or regulation; violation proximately…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this vehicle accident/medical malpractice case and its proceedings.) Paragraph 32 explicitly asserts that the negligence of the defendants, therefore including John Black, was the legal and proximate cause of harm…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this vehicle accident/medical malpractice case and its proceedings.) PLAINTIFF DID NOT INTEND TO INCLUDE NON-PHYSICIAN JOHN BLACK AS A DEFENDANT IN THE MEDICAL MALPRACTICE CAUSE OF ACTION, AND DO NOT…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this vehicle accident/medical malpractice case and its proceedings.) FACTUAL BASIS OF THE CASE Plaintiff’s assertion is that plaintiff Kathy White went ATV riding with her fiance and his children. One…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this vehicle accident/medical malpractice case and its proceedings.) Those required assertions are made in some detail in Paragraphs 28 through 36 of the second amended complaint. Mr. Black is a…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this vehicle accident/medical malpractice case and its proceedings.) OPPOSITION TO DEFENDANT ROBERT BLACK’S DEMURRER TO SECOND AMENDED COMPLAINT MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION This demurrer begins with what the…