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. It is worth noting that situations similar to those described in this…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.) Plaintiffs Cannot Establish Causation: Nothing the Universal Medical Center Staff, or Dr. Greene, Did or Failed to Do Caused or Contributed to…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.) A medical practitioner is not to be held responsible merely because his treatment of a patient was not successful or was accompanied…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.) Plaintiffs Cannot Establish Negligence Against Universal: The Treatment Rendered to Mr. Ryan in the Emergency Room at Universal Medical Center Was Within…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.) Plaintiffs Cannot Establish the Necessary Elements of Their Wrongful Death Cause of Action Against The, As All Treatment Was Within the Standard…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.) Once defendant has shown in its moving papers that a valid defense to the action exists or that one or more elements…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.) LAW AND ARGUMENT Applicable Standards for Granting Summary Adjudication The complaint frames the issues to be determined on summary judgment. (Varni Bros.…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.) SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS At 2255, paramedics arrived at the residence of Sean Ryan in Stockton, California after a 911…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.) Procedural Background Mr. Ryan died on June 1, 2008. Plaintiffs filed a complaint on September 23, 2008. Plaintiffs named as defendants Gary…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.) Plaintiffs’ complaint alleges wrongful death, failure to report and civil conspiracy, intentional and negligent infliction of emotional distress and elder abuse, against…