Blackman

In this medical malpractice action plaintiff and appellant Mary Blackman (appellant) alleges that defendant and respondent Ralph Burrows, M.D. (respondent) negligently performed a procedure known as a pantopaque myelogram upon her. The specific allegation is that the procedure was so conducted as to allow her to fall from a table after insertion of a radioactive dye and that respondent failed to remove the dye from her body after the fall. Respondent moved for summary judgment, the motion was granted, a subsequent motion for reconsideration was denied, and summary judgment was entered. This appeal followed. We affirm, for procedural reasons.

Given the basis upon which our affirmance will rest, it is not necessary to discuss the merits of the ruling from a substantive viewpoint. Suffice it to say that the motion was based upon respondent’s contention that he did not perform the procedure upon appellant but that another physician did. We, thus, do not reach the otherwise tantalizing issues presented by the fact that in earlier discovery respondent had testified that he did perform the procedure and had purported to describe it.

Code of Civil Procedure section 437c,…