Kennedy v. Modesto City Hospital

Plaintiff in this medical malpractice action appeals from a summary judgment in favor of the defendants, Modesto City Hospital, John Pfeifer, M.D., an obstetrician and gynecologist (ob/gyn) and Marvin White, M.D., an anesthesiologist. The central issue in the case is whether the procedural preclusion of an expert witness’s testimony at trial by virtue of alleged noncompliance with the provisions of Code of Civil Procedure section 2034 (simultaneous exchange of information covering expert trial witnesses) also renders such testimony inadmissible in a pretrial summary judgment proceeding (§ 437c). We will reverse and hold the trial court erred in ruling the expert testimony offered by the plaintiff inadmissible in the summary judgment proceeding.

Facts

On March 4, 1985, defendant Dr. Pfeifer (ob/gyn) performed a dilation and curettage (D&C), laparoscopy and total abdominal hysterectomy on plaintiff Linda Kennedy at defendant Modesto City Hospital. Defendant Marvin White, M.D., was responsible for administering anesthesia during the surgical procedures. Plaintiff alleged defendants negligently treated her in positioning her during the D&C, causing her to sustain paralysis…