In a medical malpractice action where liability was admitted for birth injuries causing cerebral palsy, the plaintiffs moved for partial summary judgment seeking a further advance payment of $600,000 for future care costs.
The defendant objected to the admissibility of the plaintiffs' expert report on procedural grounds.
The court admitted the report to ensure a just determination and granted the partial summary judgment, finding this to be a rare case where an advance payment was appropriate given the admitted liability and the child's significant ongoing needs.
The court ordered the $600,000 payment subject to the parties' experts meeting to agree on the specific care needs to be funded.
