In a medical malpractice action, the defendants moved for summary judgment against the plaintiff, who alleged back injuries due to improper treatment.
Despite four years of litigation and multiple extensions, including a specific timetable set by a previous judge, the plaintiff failed to serve any expert report to establish the standard of care or causation.
The defendants, conversely, provided expert reports asserting that the standard of care was met and that the plaintiff suffered no discernable back injury.
The court dismissed the action, finding no genuine issue requiring trial due to the absence of necessary expert evidence from the plaintiff.
Costs were awarded to the defendants, but were reduced by half due to the plaintiff's personal hardships.
