Robin Burgess and John Quinn Win Appeal
Attorneys Robin Burgess and John Quinn recently secured a decision from the Arizona Court of Appeals, Division One, upholding a grant of summary judgment for their client from the Superior Court, which held that Plaintiff had not provided admissible evidence that the hospital or its staff had caused any of the Plaintiff’s injuries. Prior to the deposition of Plaintiff’s causation expert, Plaintiff had provided an unverified disclosure statement with new causation opinions purportedly from Plaintiff’s nursing standard of care expert. At the deposition of Plaintiff’s causation expert, he agreed that he would not be providing any criticisms against the hospital or its staff. Ms. Burgess moved for summary judgment on the grounds that there was no evidence of causation to support Plaintiff’s claims against the hospital, and Plaintiff had failed to establish that their nursing standard of care expert was qualified to opine on causation. The Superior Court agreed and granted the Motion, dismissing the hospital from the action. On appeal, the Court of Appeals affirmed the decision of the Superior Court on the same grounds.
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