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Summary judgment Motion granted
The court fixed nominal costs against the self-represented plaintiff following successful summary judgment motions by the defendants in a medical negligence action.
Despite the plaintiff's serious health issues and lack of means, the court found that the plaintiff's failure to secure expert reports and refusal to follow former counsel's advice necessitated the summary judgment motions, entitling the defendants to costs.
However, considering the plaintiff's inability to pay and the non-frivolous nature of the initial lawsuit, a nominal award was deemed appropriate.
This medical negligence action, commenced in 2011, involved allegations of negligent treatment by the plaintiff against the defendant hospital and physicians.
The action had been administratively dismissed twice and case-managed since 2018 due to the plaintiff's failure to deliver expert reports.
Despite multiple court orders and extensions, the self-represented plaintiff failed to provide expert evidence on standard of care and causation, which is required to establish negligence.
The defendants brought motions for summary judgment, which the court granted, dismissing the action due to the absence of a genuine issue for trial without expert opinions supporting the plaintiff's claims.
