Berrell v. Hamilton

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• medical causation cannot be based upon mere speculation or a bare possibility that the alleged negligence caused the patient’s injury
• plaintiff’s expert “admitted that he did not know whether earlier treatment [which plaintiff argued he would have obtained had defendant detected plaintiff’s condition] wouldhave made any difference”
• “[W]hen the moving party makes a prima facie showing of entitlement to judgment as a matter of law, the burden then shifts to the respondent to come forward with rebuttal evidence.”
• plaintiff’s expert “admitted that he did not know whether earlier treatment [which plaintiff argued he would have obtained had defendant detected plaintiff’s condition] would have made any difference”
• “On summary judgment, when the moving party makes a prima facie showing of entitlement to judgment as a matter of law, the burden then shifts to the respondent to come forward with rebuttal evidence.”
• Only after the “moving party makes a ... showing of entitlement to a judgment as a matter of law [does] the burden . . . shift [ ] to the respondent to come forward with rebuttal evidence.”

Source: CourtListener parenthetical corpus (CC0).