Lattimore

Lattimore v. Dickey

Good Law
191 Cal. Rptr. 3d 766·2015 Cal. App. LEXIS 729·239 Cal. App. 4th 959
Court of Appeal of CaliforniaAugust 21, 2015H040126California4,372 words

Opinion

Opinion

Marquez, J.

Appellant Yvonne Lattimore brought a wrongful death action against respondents James W. Dickey III, M.D., John R. Carlson, M.D., and Salinas Valley Memorial Healthcare System (Salinas Valley) (hereafter collectively “respondents”) arising from their care and treatment of Yvonne’s father, decedent Albert Lattimore. The trial court granted respondents’ separate motions for summary judgment. Yvonne appeals from the judgments entered against her.

On appeal, Yvonne (appearing in propria persona) argues that the trial court improperly granted respondents’ motions for summary judgment as she had presented evidence in opposition to those motions raising a triable issue of fact as to whether respondents’ treatment of Albert violated the applicable standards of care.

For the reasons set forth below, we conclude the trial court erred in finding the declaration of Yvonne’s medical expert insufficient to raise a triable issue of fact on the issue of the standard of care applicable to physicians and surgeons. However, we also conclude the trial court did not err in finding that Yvonne’s medical expert’s declaration did not raise a triable issue of fact on the standard of care…

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