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
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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