Personal Injury Law

Man Injured In Sacramento Store Trip And Fall Now Paraplegic, Part 3 of 5

By Moseley Collins, Esq.

It is worth noting that situations similar to those described in this trip and fall case could just as easily occur at any of the supermarkets in the area, such as Safeway, Raley?s, Bel Air, Save Mart, Walmart, or Whole Foods.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.)

No Admissible Evidence

Defendants' Motion for Summary Judgment is based on the second amended complaint and a declaration. However, none of the documents is properly authenticated, on personal knowledge, or otherwise.

A motion for summary judgment/adjudication must be supported by evidence establishing the moving party's right to the relief sought. Such evidence shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. CCP § 437c(b). For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Where a motion is based upon deposition testimony excerpts, the procedure is to attach copies of relevant pages of deposition transcripts to the moving party's declarations. The declarations, made on personal knowledge, serve to identify and authenticate the testimony. Sacks v. FSR Brokerage, Inc. (1992) 7 Cal.App.4th 950.

Written documents, likewise, must be authenticated by declarations or other evidence establishing that the writing is what it purports to be. Evid. Code § 250, § 1401(a); O'Laskey v. Sortino (1990) 224 Cal.App.3d 241; Local Rule 9.21(e).

Full post as published by Sacramento Injury Lawyer Blog on October 22, 2010 (boomark / email).