ARFD’s Andrew Kaplan, Margot Weisberg, and Jenna Bazzurro win Summary Judgment in Bronx County!
Andrew Kaplan, Margot Weisberg, and Jenna Bazzurro recently obtained a summary judgment dismissal in a Bronx County medical malpractice action on behalf of a hospital and an emergency room attending. Plaintiff alleged that the doctor and hospital failed to timely diagnose appendicitis leading to a ruptured appendix. In granting the motion for summary judgment in its entirety, the Court held that the plaintiff failed to raise a triable issue of fact on the propriety of the defendants’ care and treatment, and also found that there was no causal relationship between the injuries claimed and the defendants’ care. Following the submission of plaintiff’s opposition to the summary judgment motion, the Court also concluded that plaintiff’s expert did not have the requisite training and experience to render an opinion on causation, and thus, was unable to dispute defendant’s arguments.
Congratulations Andy, Margot, and Jenna, and to their clients!