Pappas v. Slomowitz
Appellant, Mary Lou Pappas, appeals from a judgment entered upon the trial court’s order granting summary judgment in favor of Respondent, Dr. Larry Slomowitz. Among her arguments, Pappas asserts that the trial court erred in concluding as a matter of law that her expert’s declaration was insufficient to raise a triable issue of material fact regarding causation. As we explain more fully herein, Dr. Slomowitz did not meet his initial burden on summary judgment to demonstrate the nonexistence of a material fact concerning causation. Alternatively, assuming arguendo that Dr. Slomowitz shifted the burden to Pappas, Pappas effectively disputed this point. Thus, the trial court erred in granting judgment for Dr. Slomowitz as a matter of law. Accordingly, we reverse.
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