Poe v. Rice

CLAYTON, Judge.

This is an appeal from a summary judgment of the Jefferson Circuit Court dismissing the medical malpractice action of the appellants. As a basis for dismissing pursuant to CR 56, the trial court reasoned that the appellants failed to meet their burden of producing expert testimony that the doctors were negligent in failing to diagnose Patricia Hopkins’ breast cancer. The appellants argue that the lower court erred in granting summary judgment as the existence of genuine issues of material fact was established; the plaintiffs’ fundamental right to trial was denied; the court…