04.21.2022

Another victory for the SACS Appellate Group today from the First Department, which reversed a summary judgment order and granted dismissal to its clients.  The Court agreed that plaintiff’s expert internist and gastroenterologist in opposition to defendants’ motion was not qualified to opine on the standard of care in giving cardiac clearance for a colonoscopy and otherwise offered speculative opinions or ignored key issues. The Court also found plaintiff’s negligent supervision claim against a hospital unavailing because he never identified any unsupervised negligent act that caused decedent’s death.

Congratulations to Christopher Simone and Lena Holubnyczyj on the briefing and oral argument handled by Nicholas Tam.