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Partner Michael A. Zuk is pleased to report that the Second District Court of Appeal has sustains a successful Summary Judgment Motion brought in Lee vs. Jung (B206603).  In the underlying case Mr. Zuk was successful in obtaining a summary judgment in a medical negligence action which involved allegation of Medical Malpractice, negligence in hiring a home health care nurse and elder abuse.  Plaintiff claimed that the deceased patient was not properly monitored by the defendant physician and that his “hand selected” home health care nurse failed to give the patient her prescribed medicine, which caused her death.  In the motion, the defendant physician was able to establish that he did not cause or contribute to the death because his care was appropriate, he did not hire or supervise the home health care nurse, and there was absolutely no evidence upon which any issue of fact existed with respected to elder abuse.

Significantly, the motion was granted even in light of Kelly vs. Trunk and Garibay vs.Hemmat.  Additionally, the court sustained the granting of evidentiary objections to the declaration filed in opposition to the Motion for Summary Judgment.

The court noted that the declaration filed in support of the motion was appropriate and had and appropriate foundation under Kelly and Garibay and that the objections to the opposing declaration where well taken and the court appropriately granted them.

Therefore, the court upheld the granting of the Motion for Summary Judgment.