Recent Success

Summary Judgment Motion Granted on Behalf of Infectious Disease Physician - December 2012

On November 28, 2012, shareholder Jason Gallegos obtained a victory by summary judgment for an infectious disease physician in the Riverside Superior Court.

Plaintiff was treated by multiple health care providers for severe orthopedic injuries as a result of a fall from a three-story building. The Defendant, an Infectious Disease physician, treated the Plaintiff for various infections that arose after his lower extremity repair surgeries. The plaintiff alleged the Defendant negligently provided care and treatment resulting in injuries including an infection of such a severe nature, that it required an amputation.

Neil Dymott attorneys filed a Motion for Summary Judgment indicating the plaintiff’s complaint was untimely under the statute of limitations. Despite opposition by the plaintiff, the Court granted the Motion for Summary Judgment ruling that “Plaintiff…failed to demonstrate a triable issue of fact that he was genuinely ignorant of the facts rendering Defendant purportedly liable when the complaint was filed.” The Defendant was dismissed from the case.



 

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