Leonel Cruz vs. Bruce A Olson DPM

Case No.: 56-2008-00328648-CU-MM-VTA    

Defendant Westcliff Medical Laboratories, Inc. (Westcliff), moves for summary judgment on plaintiff's complaint for professional negligence. Plaintiff opposes the motion.

The moving defendant is a medical laboratory. Plaintiff contends that defendant was negligent. The basis for this contention is described in plaintiff's opposition to the motion thusly:

"[Dr. Olson's] office received no call from [Westcliff] informing his office of the abnormal [lab] results, that [Dr. Olson's] office received no fax from [moving defendant] informing his office of the abnormal results and that the November 9, 2007 Laboratory Report was not reported to [Dr. Olson's office] by [Westcliff] until November 14, 2007." (Opp., at p. 2-3.)

Plaintiff alleges that during, and as a result of, that delay in reporting his laboratory findings, his condition worsened. Defendant denies these contentions.

Westcliff moves for summary judgment on two grounds. ........