Cunningham v. Riverside Health System, Inc.
Oct 31, 2003OUTCOME: Affirm the trial court's grant of summary judgment
Rosemary Cunningham appeals from the trial court's grant of summary judgment in favor of Riverside Health System, Inc. (Riverside). On appeal, Cunningham alleges that the trial court erred in holding t ... hat expert testimony was required to establish (1) deviation from the standard of care and (2) causation in this negligence case. Although Cunningham contends that the common knowledge exception to expert testimony bars summary judgment, we reject this argument. The complexity of Cunningham's medical situation as well as her preexisting condition of osteoporosis required expert testimony to prove that the alleged negligent conduct breached the applicable standard of care and caused the injury. Because Cunningham failed to furnish the necessary expert evidence, Riverside has established a complete defense and summary judgment was appropriate. Accordingly, we affirm the trial court's grant of summary judgment.
