Legal Opinion
Kelley v. Trunk
California Court of Appeal
Decided September 1, 1998No. B110752PublishedCited by 41 opinions
1Opinion of the Court
Opinion
NEAL, J.—
Summary
In a medical negligence action a defendant doctor is not entitled to obtain summary judgment based on a conclusory expert declaration which states the opinion that no malpractice has occurred, but does not explain the basis for the opinion.
Facts and Proceedings Below
At midnight on Thursday, November 24, 1994, appellant Kelley lacerated his forearm on broken glass. He bled profusely. He went to the emergency room, where the laceration was stitched. He was discharged at 2 a.m. and given Tylenol and codeine for pain.
The following day, Ward, a friend of Kelley’s, spoke with…
2Cases cited4 opinions
- Flowers v. Torrance Memorial Hospital Medical CenterCalifornia Supreme Court · 1994
- Miller v. Los Angeles County Flood Control DistrictCalifornia Supreme Court · 1973
- Griffith v. County of Los AngelesCalifornia Court of Appeal · 1968
- Kastner v. Los Angeles Metropolitan Transit AuthorityCalifornia Supreme Court · 1965
3Cited by41 opinions
- Jennings v. Palomar Pomerado Health Systems, Inc.California Court of Appeal · 2003
- People v. EubanksCalifornia Supreme Court · 2011
- Bozzi v. NORDSTROM, INC.California Court of Appeal · 2010
- Powell v. KleinmanCalifornia Court of Appeal · 2007
- Hanson v. GrodeCalifornia Court of Appeal · 1999
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