California Court of Appeal

Summary judgment for defendant on plaintiff's claim that defendant allegedly negligently treated plaintiff's hepatitis is reversed and remanded, where: 1) with respect to his breach of fiduciary duty claim, plaintiff alleged in his complaint that defendant breached his fiduciary duty by prescribing the drug interferon to plaintiff without first having obtained Jameson's informed consent, and defendant failed to carry his burden of making a prima facie showing of the nonexistence of any triable issue of material fact; and 2) on the professional negligence claim, the trial court erred in determining that defendant was entitled to summary judgment on the ground that plaintiff failed to present admissible evidence that would negate defendant's expert's opinion that defendant had cured plaintiff of hepatitis because this was not material to plaintiff's claim, and plaintiff established a triable issue of fact as to the causation element of this claim.

Appellate Information

• Decided 04/29/2013
• Published 04/29/2013

Judges

• AARON

Court

• California Court of Appeal

Counsel