Maruca v. Standard

This is an appeal from the granting of the defendant’s motion for summary judgment. The plaintiffs claim that the court erred in granting the motion because it decided a material issue of fact. We agree.

In her complaint, the plaintiff1 alleged that in August, 1972, the defendant surgeon, John Standard, performed surgery to remove a benign tumor from her left parotid gland. She alleged that during the operation the defendant inadvertently ruptured the tumor and failed to inform her of the rupture. She alleged that, as a result of the rupture, the tumor “seeded,” causing other tumors. The…