California Court of Appeal

Garibay v. Hemmat, B194919

In a medical malpractice suit arising from a surgery performed by defendant-doctor, summary judgment for defendant is reversed based on defendant's failure to meet the burden of producing evidence where: 1) a medical expert witness based his opinions on facts derived from a review of hospital and medical records which were not properly admitted into evidence under the business records exception to the hearsay rule; and 2) thereby, there were no facts before the court on which the expert medical witness could rely to form his opinion.

Appellate Information

• Decided 04/01/2008
• Published 04/01/2008

Judges

• KITCHING, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Edward W. Hess, Jr., and Edward W. Hess, Jr., Tustin, for Plaintiffs and Appellants.


• For Appellees:
  
• Carroll, Kelly, Trotter, Franzen & McKenna, Robert L. McKenna and David P. Pruett, Long Beach, for Defendant and Respondent.