The defendant hospital and nurses brought a motion for summary judgment and to dismiss the plaintiff's medical malpractice action.
The court found that the moving parties failed to meet their evidentiary burden for summary judgment because they did not file expert evidence establishing they met the standard of care.
However, the court dismissed the action under Rule 15.04 because the plaintiff failed to appoint a new lawyer or file a notice of intention to act in person for over 18 months after his former lawyer was removed from the record.