Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, or Sutter.
(Please also 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.)
PLAINTIFF DONNA HILL’S TRIAL BRIEF
Plaintiff, Donna Hill, submits her brief on matters set for trial on March 8, 2010:
Plaintiff alleges that Defendant Stefan Black was negligent and committed battery in his medical care and treatment of her, and that such negligence and battery caused her pain, suffering loss of income, and undue expenses.
Status of the Case
Plaintiff brought this action on June 13, 2007. She was abandoned by counsel in December 2010, and therefore was unexpectedly in Pro Per.
A settlement conference (MSC) was scheduled for January 5, 2010. Plaintiff obtained interim counsel for the MSC. A few days before the MSC, said counsel suffered serious injury. The undersigned counsel, Michael White, stepped in on an emergency basis for the MSC alone.Plaintiff’s original counsel erroneously informed Plaintiff, in writing, that the MSC would be in Roseville. In fact, the MSC was scheduled in Sacramento. Upon determining the error, Mr. White phoned defendant’s counsel David Wang and was soon informed by counsel that the court would not see the parties by the time Plaintiff would arrive to Sacramento.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Unbeknownst to Mr. White at that time, Mr. Wang informed the presiding judge that Mr. White lacked settlement authority, whereupon Judge Rich dismissed the parties from the MSC. However, Mr. Wang evidently failed to inform the court that in addition to Mr. White Plaintiff herself was already en route to the Sacramento court, and that Ms. Hill of course had ultimate settlement authority. Mr. White had informed Mr. Wang that Plaintiff and he were on route.
Plaintiff learned of this inaccurate communication to the court not until February 26, when she was served with Mr. Wang’s motion in limine expressly stating such fact. The MSC should not have been vacated, and Plaintiff requests this MSC take place prior to trial. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.