Colby v. Schwartz

Opinion

STEPHENS, Acting P. J.

In their complaint, plaintiffs, the widow and surviving adult children of decedent Walter Colby, named Doctors Avol, Schwartz, Uriu, Engel, and the Hawthorne Community Hospital as defendants. Plaintiffs alleged that each negligently diagnosed, cared for, and treated plaintiffs’ decedent. There is also an allegation that defendants abandoned the decedent after initiating medical care. Plaintiffs claimed that defendants’ conduct was the proximate cause of the decedent’s death.

Thereafter, Avol, Schwartz and Uriu successfully moved for summary judgment based on the…