California Court of Appeal

Grant of summary judgment to defendant in medical malpractice action was erroneous where plaintiff's opposing expert declaration, asserting the surgery defendant performed on plaintiff was unnecessary, was sufficient to raise a triable issue of material fact as to causation. Order granting new trial to plaintiff remedied the error and is affirmed.

Appellate Information

• Decided 06/01/2006
• Published 06/01/2006

Judges

• KLEIN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Maranga  Morgenstern, Kenneth A. Maranga, Woodland Hills, Reinhold Mueller;  Greines, Martin, Stein & Richland, Martin Stein and Carolyn Oill, Los Angeles, for Defendant and Appellant., Wasserman, Comden & Casselman and Kevin H. Park, Tarzana, for Plaintiff and Respondent.