Garland v. Pacific Lipo CA2/2

FACTS AND PROCEDURAL HISTORY

Garland’s Complaint Garland alleged that she consulted Gary Takowsky, M.D., about cosmetic surgery to collect fat from her back, thighs, and abdomen for insertion into her buttocks. Garland paid Pacific $12,500 to have the procedure performed at its clinic. After surgery, she “observed that her body was grossly distorted,” with one hip higher than the other, a misplaced belly button, and little or no volume to her buttocks. Garland later learned there were problems with anesthesia during surgery. As a result, fat removed from her body was not inserted in her buttocks. Incisions were closed with surgical glue, not sutures, causing increased pain. She demanded a full refund

1 Undesignated statutory references are to the Code of Civil Procedure.

2 but was offered $2,500. She was deeply depressed about the disfigurement caused by the surgery. Her complaint asserts causes of action for negligence and “breach.” Pacific’s Motion for Summary Judgment Pacific moved for summary judgment, asserting that there are no triable issues of material fact. The medical providers were independent contractors who deemed it unsafe to complete the fat transfer due to…