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Appeal in Negligent Liposuction Case, Plus a Wrongful Death Action Against Foster Agency

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By FindLaw Staff on July 19, 2010 4:18 PM

Montgomery v. Superior Court, G042602, concerned a medical malpractice action against a physician, claiming negligence in performing liposuction and causing injury.  In granting the plaintiffs' petition for relief from the order of the trial court removing their only expert witness on the medical standard of care and causation, the court held that the removal was unnecessary because the expert waived any conflict of interest arising out of the previous representation by the doctor's counsel.

Garcia v. W&W Cmty. Dev., E049099, concerned a father's suit against a foster agency seeking damages for negligence and wrongful death, claiming that his two-year old daughter drowned when her foster mother left the child unattended in a bathtub.  In affirming the trial court's grant of defendant's motion for summary judgment, the court held that the undisputed evidence shows the foster mother was an independent contractor in performing her responsibilities as the foster parent of the child as a matter of law.  Therefore, defendant met its burden to demonstrate that it was not directly or vicariously liable for the act that caused the death of the child.

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