Legal Opinion

Borrayo v. Avery

California Court of Appeal

Decided August 10, 2016No. A143765PublishedCited by 10 opinions

1Opinion of the Court

Opinion

DONDERO, J.

—Plaintiff Lidia C. Borrayo sued defendant Dr. G. James Avery, alleging he had engaged in medical malpractice during the course of treating her for a condition known as thoracic outlet syndrome. Defendant moved for summary judgment, which the trial court granted after sustaining his objection to her sole expert witness’s declaration. On appeal, plaintiff argues that this expert witness, a physician licensed to practice medicine in Mexico, was qualified to provide an opinion about the standard of care to which defendant was held. We agree and reverse.

FACTUAL BACKGROUND AND…

2Cases cited13 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. People v. BolinCalifornia Supreme Court · 1998
  3. Johnson v. City of Loma LindaCalifornia Supreme Court · 2000
  4. Mann v. CracchioloCalifornia Supreme Court · 1985
  5. Lawless v. CalawayCalifornia Supreme Court · 1944

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3Cited by10 opinions

  1. Kase v. Metalclad Insulation CorporationCalifornia Court of Appeal · 2016
  2. (HC) Fort v. HattonDistrict Court, E.D. California · 2019
  3. Borman v. BrownCalifornia Court of Appeal · 2021
  4. Estate of Gregory Martinez v. County of Los AngelesDistrict Court, C.D. California · 2024
  5. Estate of Gregory Martinez v. County of Los AngelesDistrict Court, C.D. California · 2024

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