KMS Partner Brian Selogie Scores Back-to-Back Wins on Summary Judgment

KMS Partner Brian Selogie recently prevailed on two motions for summary judgment, successfully demonstrating in each case that plaintiffs could not carry their burden of demonstrating any genuine issue of material fact. In the first case, Selogie defended a psychiatrist in an acute care psychiatric facility who had been accused of negligence in relation to the imposition and continuance of an psychiatric hold pursuant to California Welfare & Institutions Code section 5150, et seq. Relying on the California Court of Appeal’s 2017 decision in Julian v. Mission Community Hospital, et al., Selogie argued that section 5150 and the related statutes did not create a private cause of action for the conduct alleged by Plaintiff. The Court agreed, and further ruled that Selogie’s client had provided appropriate medical treatment and complied with the applicable standard of care. In the second case, Plaintiff alleged that Selogie’s client, an OB/GYN, had acted negligently in relation to the Cesarean Section delivery of a healthy child. Contrary to Plaintiff’s contentions, Selogie argued that under the circumstances, his client’s ability to successfully deliver Plaintiff’s child via emergency Cesarean Section not only met but exceeded the applicable standard of care. The Court agreed and entered Judgment in favor of the firm’s client.