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Motion to strike granted in part; unparticularized prior negligence struck but fiduciary duty claims retained.
The defendant physician in a medical negligence action brought a motion to strike paragraphs from the plaintiff's Statement of Claim.
The impugned paragraphs alleged prior negligence, discipline proceedings, and breach of fiduciary duty.
The court struck the allegations regarding discipline proceedings and unparticularized prior negligence, finding they lacked probative value and violated the rule against similar fact evidence.
However, the court declined to strike the breach of fiduciary duty claims, finding sufficient material facts were pleaded regarding the physician's alleged failure to disclose his high complication rates and deficient skills.
