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 medical malpractice/personal injury case and its proceedings.)
It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser, U.C. Davis Medical Center, Mercy, or Sutter.
DEFENDANTS HAVE FAILED TO CARRY THEIR BURDEN OF PROOF
Defendants Have the Initial Burden of Proving That They Were Not Negligent and That There Is No Causation
The initial burden of proof placed on a defendant seeking summary judgment was described in Bushling v. Fremont Medical Center (2004) 117 CA4 493, 506-507:
Where … a defendant moves for summary judgment and the plaintiff bears the burden of proof by a preponderance of the evidence at trial on the issues that are the subject of the motion, the defendant initially “must present evidence that would require a reasonable trier of fact not to find any underlying material fact more likely than not … ” (Aquilar, supra, 25 Cal.4th at p. 8951.)
More specifically, a moving defendant must make a prima facie showing that the plaintiff does not possess, and cannot reasonably obtain, sufficient evidence to establish at least one element of plaintiff’s cause of action. (Id. at p. 854.) If a defendant has met that burden, the plaintiff must then present evidence that would allow a reasonable trier of fact to find in his favor more likely than not. (See id. at p. 852.) If the court determines that the evidence presented by the plaintiff and all of the reasonable inferences drawn therefrom show one or more of the elements of the cause of action only as likely as, or less likely than, an absence of one or more of those elements, it must grant a defendant’s motion for summary judgment. (See id. at p. 857.)
On a defendant’s motion for summary judgment, facts asserted by plaintiff and not controverted by the defendant must be accepted as true. Pickens v. American Mortgage Exchange (1969) 269 CA2 299. (See Part 4 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.