Todd
Todd v. Shankel
Opinion
Lead Opinion
MEMORANDUM *
Plaintiffs Anthony Todd and Lorelei Todd appeal the grant of summary judgment in their medical malpractice action against Dr. William Shankel, Wilcox Memorial Hospital, Kauai Medical Clinic, and various unnamed parties. We have jurisdiction under 28 U.S.C. § 1291 and affirm. The parties are familiar with the facts and procedural history, so we do not recount them here.
I.
We review de novo the district court’s grant of summary judgment. United States v. City of Tacoma, 332 F.3d 574, 578 (9th Cir.2003). We affirm only if we find that there are no genuine issues of material fact, viewing the evidence in the light most favorable to the nonmoving party, and that the district court correctly applied the- relevant substantive law. Id. “[W]e review the record as a whole and draw all reasonable inferences” in favor of the nonmoving party. Hernandez v. Spa-celabs Med., Inc., 343 F.3d 1107, 1112 (9th Cir.2003). Summary judgment is granted
Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); see also Fed.R.Civ.P. 56(c).
II.
The Todds allege that two aspects of Anthony Todd’s care by Dr. Shankel constituted negligence: his failure to…