Bakerink v. Orthopaedic Associates, Ltd.

OPINION

By the Court,

Mowbray, J.:

Appellant Clayton E. Bakerink brought this malpractice action against Ralph J. Litton, M.D., and the other named respondents seeking damages resulting from surgery performed by Dr. Litton on appellant’s foot. Respondents filed a motion for summary judgment which the district judge granted, dismissing the complaint. We affirm.

1. The complaint was predicated upon a report by Dr. Walter Bigford which had suggested that the surgery performed by Dr. Litton caused injury to the lateral plantar nerve in appellant’s foot. However, when Dr. Bigford’s deposition was…