Baron

INTRODUCTION

Araceli Baron appeals from a judgment entered in favor of Dr. Brian Lee after the trial court granted Lee’s motion for summary judgment. Baron alleged that Lee committed malpractice when he performed a lumbar puncture on her without her consent. She claimed the procedure rendered her unable to walk for several months. A motion for summary judgment requires the parties to put their cards on the table. Its purpose is to see whether a trial is worth the time and expense – not just to the parties but to the judicial system as a whole. If the moving party makes a prima facie case for judgment as a matter of law, the opposing party must present evidence to show that a triable issue of fact exists. When the opposing party submits no evidence whatsoever, this can be a tacit admission that judgment should be granted. That is what happened here. Lee offered declaration testimony from two physician-experts that he had adhered to the standard of care with respect to lumbar punctures and consent. Baron submitted no controverting evidence on either issue. The trial court granted Lee’s summary judgment motion. We affirm. Baron did not establish that a triable issue of fact existed…