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Personal Injury
General Negligence
Failure to Maintain Office Equipment

Robert Griffith v. Dr. Paul Ky, Advanced Pain Associates of California and Does 1 to 50

Published: Mar. 2, 2018 | Result Date: Nov. 29, 2017 | Filing Date: Dec. 13, 2016 |

Case number: 16CECG03997 Summary Judgment –  Motion Denied

Judge

Alan M. Simpson

Court

Fresno County Superior Court


Attorneys

Plaintiff

Philip S. Setrakian
(Law Office of Philip S. Setrakian)


Defendant

Benjamin T. Nicholson
(McCormick Barstow LLP)

Michael F. Ball
(McCormick, Barstow, Sheppard, Wayte & Carruth LLP)


Facts

Robert Griffith sued Dr. Paul Ky and others in relation to the defendants' rendering of medical care.

Contentions

PLAINTIFF'S CONTENTIONS: Griffith claimed that he fell out of a wheelchair because the defendants failed to properly maintain the medical equipment. As plaintiff was being wheeled out by an employee of defendant Advanced Pain Associates of California, his foot became caught in the wheel of the wheelchair. Plaintiff claimed the foot guards had been removed, causing the chair to overturn.

DEFENDANTS' CONTENTIONS: Dr. Ky moved for summary judgment arguing that Griffith's action was time-barred by the one-year statute of limitations period applicable to professional negligence claims.

Result

The court denied the summary judgement.

Other Information

The Fifth District Court of Appeals denied Dr. Ky's appeal.


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