Collins v. Sutter Memorial Hospital

Opinion

MURRAY, J.

Ryan Lee Collins, a minor, sued Sutter Memorial Hospital (Sutter), alleging medical malpractice. The trial court granted Sutter’s motion for summary judgment and entered a defense judgment. The trial court later granted Collins a new trial and vacated the judgment, finding summary judgment had been granted in error. Sutter appeals. The appeal lies. (Code Civ. Proc., § 904.1, subd. (a)(4).)1

*6On appeal, Sutter does not attack the substantive merits of the new trial order. Instead, Sutter principally contends the order granting a new trial must be reversed both because it was…