Hively v. Davis

Banke, Presiding Judge.

The plaintiffs, Mr. and Mrs. Hively, appeal from a grant of summary judgment to the defendant, Dr. Davis, in a medical malpractice action.

The Hivelys allege in their complaint that Dr. Davis, a specialist in ophthalmology, negligently performed surgery on Mrs. Hively on three separate occasions in 1983 in an unsuccessful effort to open a blocked tear duct, following which Mrs. Hively secured the services of another physician who successfully performed the surgical procedure in question. Dr. Davis moved for summary judgment on the basis of his own affidavit conceding…