Powell

Plaintiff Dennis J. Powell (Powell) sued defendants Alan Kleinman, M.D., Roy J. Levin, M.D., and Clovis Urgent Care Medical Center for medical malpractice arising from injuries he sustained when defendants failed to promptly diagnose and treat an injury to his spinal cord. Dr. Kleinman brought a motion for summary judgment supported by his and another expert’s declarations that he met the applicable standard of care and did not cause Powell’s injuries. The trial court granted the motion after sustaining Dr. Kleinman’s evidentiary objections to the expert declaration Powell submitted in opposition to the motion.

On appeal, Powell asserts his expert witness’s declaration opposing summary judgment was improperly excluded from evidence and the declaration establishes triable issues of material fact on whether Dr. Kleinman breached the standard of care and causation. As we shall explain, we agree and will reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On September 17, 2001, Dr. Kleinman, a general practice physician who independently contracted with the Clovis Urgent Care Medical Center (Center) as a general- practitioner, was the physician on duty’ when Powell…