Pollard v. Goldsmith

OPINION

EUBANK, Acting Presiding Judge.

This is an appeal from the trial court’s grant of summary judgment for the defendant in a medical malpractice action. The issue is whether the plaintiffs’ response to the defendant’s motion for summary judgment showed that they would be able to offer evidence at trial establishing the applicable standard of care, and thereby created a genuine issue as to a material fact precluding summary judgment. We hold that the response was sufficient to establish a fact issue and that summary judgment was inappropriate in this case.

On May 17,1969, Mary McKibben…