Fullerton Beck LLP partner Alison O’Dwyer successfully obtained a dismissal of a professional negligence lawsuit against an ambulance company where the plaintiff alleged the crew dropped her from a stretcher resulting in a concussion, severe headaches, injuries to the right hand and bilateral shoulders with restricted range motion, arthritis and the need for future surgery.

In support of the motion to dismiss, an affidavit from a physician expert was submitted to the court, which set forth prima facie evidence that the care provided was within the standard of care with no causal relationship between the claimed injuries and the care provided. The court agreed with the plaintiff that a triable issue of fact existed as to whether the plaintiff was dropped from the stretcher, acknowledging that different versions of facts gave rise to an issue of credibility, which required denial of summary judgment to liability.

However, the court granted summary judgment in favor of our client on the issue of causation, by agreeing with the defendant’s expert that the alleged injuries could not have been caused by the defendant even if the court accepted as fact that the defendants dropped the plaintiff from 12 inches off the ground.

Given the fact that the plaintiff failed to demonstrate that a material issue of fact exists as to the issue of proximate cause, summary judgment was granted.

This result speaks to Fullerton Beck’s ability to staff cases with accomplished litigators who understand and can formulate and execute winning strategies.

Read the decision.