Summary Judgment Victory in Supreme Court, New York County

Partner, Amanda Tate, secured a summary judgment victory in Supreme Court, New York County, for a client in a case that spanned roughly eight years and involved allegations concerning failure to properly treat, monitor, and diagnose a wound infection that required multiple debridements of the plaintiff’s foot and ultimately resulted in a below-the-knee amputation. The claims involved allegations of vicarious liability, along with complex legal theories that included defeating the relation-back doctrine and agency by estoppel. Amanda was able to successfully argue that the treatment rendered by the hospital, was, at all times, medically appropriate and, alternatively, used a prior case ruling to invoke the law-of-the-case doctrine regarding plaintiff’s prior failed attempt to attach liability to a non-employee physician.