Alexandra Martino secures Summary Judgment on behalf of Medical Institution and Excludes Plaintiffs’ Expert Witnesses

Ali Martino successfully drafted and argued a Motion for Summary Judgment, excluding 2 of plaintiffs’ 3 expert witness’ testimony and securing judgment in favor of her client, a Medical Institution, in a wrongful death action. Ali initially obtained dismissal without leave to amend of 2 out of the 3 causes of actions against her client by way of Demurrer, leaving only the cause of action for wrongful death. She then argued that the Medical Institution’s employees not only complied with the standard of care in their treatment of the decedent, but nothing the employees did or failed to do caused or contributed to the decedent’s death. She also successfully argued that there was no agency relationship, actual or ostensible, between the Medical Institution and the decedent’s treating physicians, and as such the Medical Institution could not be held vicariously liable for their actions or inactions. She was successful in this regarding and Summary Judgment was granted in favor of the Medical Institution.