Elder Abuse At Skilled Nursing Facility Prompts Lawsuit

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, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse lawsuit and its proceedings.)

DEFENDANT HAS THE INITIAL BURDEN OF ESTABLISHING THE NONEXISTENCE OF ANY TRIABLE ISSUE OF MATERIAL FACT

Summary adjudication is appropriate where there is no triable issue as to any material fact. The party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. There is no obligation on the opposing party … to establish anything by affidavit unless and until the moving party has by affidavit stated facts establishing every element… necessary to sustain a judgment in his favor. Consumer Cause, Inc. v. Smilecare (2001) 91 Cal.App.4th 454, 468. As Aguilar, supra, [citation], and Saelzler v. Advanced Group 400, supra, 25 Cal.4th 763, 107 Cal.Rptr.2d 617, 23 P.3d 1143, later made clear, a defendant cannot simply argue that a plaintiff lacks sufficient evidence to establish causation; the defendant must make an affirmative showing that the plaintiff cannot do so. Andrews v. Foster Wheeler LLC (2006) 138 Cal.App.4th 96, 103.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Accordingly, unless and until Defendant meets its initial burden of establishing the lack of evidence of an essential element of the claim(s) for which it seeks summary adjudication, Plaintiffs need not produce any evidence to create or raise any trial issue of fact. (See Part 3 of 8.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.