Bush v. Legum

Carley, Judge.

In this medical malpractice case, appellee-defendant moved for summary judgment based upon his own affidavit. Although appellants submitted an expert’s affidavit in opposition to appellee’s motion for summary judgment, the trial court held it to be insufficient as a matter of law. Specifically, the trial court found that the affidavit submitted by appellants was not based on personal knowledge, but rather on the affiant’s review of medical records, sworn or certified copies of which were not attached to the affidavit nor previously made part of the record. Summary judgment was…