Brown v. Northridge
After plaintiff and appellant fell from a ladder and injured his leg, defendant and respondent treated him. Dr. Sobeck performed surgery on Brown’s leg, and it thereafter became infected and required a second surgery. Claiming that Dr. Sobeck’s care was negligent, plaintiff sued him for negligence. Plaintiff and his wife also sued Dr. Sobeck for loss of consortium. Dr. Sobeck filed a motion for summary judgment, which the trial court granted. The court found that although plaintiff raised a triable issue of material fact as to whether Dr. Sobeck’s conduct fell below the standard of care, Brown did not raise a triable issue of material fact as to whether Dr. Sobeck caused Brown’s injury. Plaintiff filed an appeal and a petition for writ of mandate. Court consolidated the proceedings. Because court agreed that plaintiff failed to raise a triable issue of material fact as to causation, court affirmed the judgment.
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