Gutierrez v. Gradney CA2/16
Defendant Timothy L. Gradney, a dental hygienist, was sued by plaintiff Deborah Gutierrez after he gave her an injection that allegedly caused nerve damage. Gradney defeated Gutierrez’s medical malpractice action at the summary judgment stage by offering two expert declarations, each concluding he was not negligent. Gutierrez provided only on her own declaration in response. As her primary argument, she claims the trial court erred because her reliance on res ipsa loquitor excused her failure to present contrary expert opinion testimony that disputed Gradney’s evidentiary showing.
Comments on Gutierrez v. Gradney CA2/16