The defendant obstetricians brought a motion for partial summary judgment in a medical negligence action, arguing the plaintiffs' expert reports were insufficient to establish standard of care or causation.
The motion was brought shortly before a scheduled ten-week trial.
The court dismissed the motion, finding that partial summary judgment would not be proportionate, cost-effective, or timely, and risked inconsistent findings and duplication of resources.
The court also noted that the sufficiency of the complex expert evidence was better assessed in the context of a full trial.
