Smith v. Graves

OPINION

TODD, Presiding Judge, Middle Section.

The plaintiffs, Sherry A. Smith and Jack W. Smith, have appealed from a summary judgment dismissing their malpractice suit against the defendants, Herschel A. Graves, Jr., and Herschel A. Graves, Jr., M.D.P.C.

Appellants present for review the following issues:

1. In a medical malpractice case, can the defendant physician carry the burden of proof required to sustain a motion for summary judgment solely on the basis of his own affidavit?

2. On the basis of the proof as presented, does there exist any disputed issue of material fact?

The subject of this…