Burrows

ORDER GRANTING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT; GRANTING PLAINTIFFS’ MOTION TO AMEND COMPLAINT; DENYING WITHOUT PREJUDICE DEFENDANT SCHUG’S MOTION FOR PARTIAL SUMMARY JUDGMENT

On August 15,1997, the Court heard argument on plaintiffs’ motion for partial summary judgment and plaintiffs’ motion to amend. Pursuant to Local Rule 7-l(b), the Court has concluded that defendant Schug’s motion for partial summary judgment is appropriate for submission without oral argument. Having considered the arguments of counsel and the papers submitted, the Court hereby GRANTS plaintiffs’ motion for partial summary judgment, GRANTS plaintiffs’ motion to amend and DENIES WITHOUT PREJUDICE defendant Schug’s motion for partial summary judgment.

BACKGROUND

This action arises out of the death of Cody Burrows, an eleven-month old infant, on February 26, 1996. Plaintiffs David Burrows and Rhoda Thomas, the parents of Cody *358 Burrows, allege the following facts and incidents in their complaint. On February 23, 1996, plaintiffs took Cody to the emergency department of Redbud Community Hospital in Clearlake, California, for care and treatment of their son. Cody was examined at the hospital…