That’s an unkind title, I know. But really, when the plaintiff’s attorney submitted a pharmacist’s affidavit in opposition to a physician’s motion for summary judgment (which was supported by a physician’s affidavit), what did he think was going to happen?
If that headline made you blink, don’t worry – you read it correctly, and it accurately states what happened. The case is Markel v. Douglas Technologies Group, https://ecf.ca8.uscourts.gov/opndir/20/08/192637P.pdf (8th Cir.
The importance of expert opinion (offered either by affidavit or in deposition testimony) in summary judgment practice cannot be overstated. We have previously written about this in a number of different contexts: medical malpractice (https://www.videntpartners.com/blog/2019/medical-expert’s-affidavit-opposition-summary-judgment-fails-establish-triable-issue), health insurance coverage (
Surprisingly, the Wisconsin Supreme Court recently split 5-4 on this seemingly noncontroversial question. The case is Strauss v.
This case points up the extreme care and attention to detail that a plaintiff’s attorney must exercise in reviewing an expert’s affidavit in opposition to summary judgment. The case is Fernandez v. Alexander (Calif. Ct.