Personal Injury Lawyer Blog
(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 Greene, M.D.; Physicians Medical Corporation, Inc. (Dr. Greene’s employer); The Medical Center; and James Black (Chief Operating Officer of The Medical Center). Plaintiffs’ Complaint for Damages set forth causes of action for: (1) wrongful death; (2) negligent hiring; (3) negligent supervision; (4) civil conspiracy; (5) intentional infliction of emotional distress; (6) elder abuse; and (7) negligent infliction of emotional distress.
On November 3, 2008, the TMC defendants filed a demurrer to all six causes of action for failure to state facts sufficient to constitute a claim for any of the above-enumerated causes of action. Presumably due to the numerous deficiencies, plaintiffs did not file an opposition to defendants’ demurrer, but they filed an Amended Complaint for Damages on December 3, 2008.
Plaintiffs’ Amended Complaint for Damages frames the issues for this motion for summary adjudication. It sets forth five causes of action. By way of demurrer, the TMC defendants have challenged the fourth and fifth causes of action for negligent infliction of emotional distress and elder abuse, respectively. The demurrer is set for hearing on March 8, 2009.
This motion for summary adjudication seeks to summarily adjudicate plaintiffs’ first cause of action for wrongful death as alleged against The, as plaintiffs will be unable to establish the necessary elements of that cause of action against Universal Medical Center. (See Part 4 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.