Torts/Personal Injury
Mar. 25, 2025
Montoya ruling shifts the burden on causation in medical malpractice and beyond
Montoya v. Superior Court places the causation burden on the defense when a negligent omission results in missing evidence.
Benjamin T. Ikuta
Partner
Ikuta Hemesath LLP
1327 N Broadway
Santa Ana , CA 92706
Phone: (949) 229-5654
Fax: (949) 336-8114
Email: ben@ih-llp.com
UC Hastings COL; San Francisco CA
Benjamin focuses his practice in medical malpractice cases on the plaintiff side. He has successfully litigated many cases involving birth injury, delay in cancer diagnosis cases, and elder abuse based on neglect.
Michael J. Jeandron
Partner and Personal Injury Trial Attorney
Roberts | Jeandron Law
Western State Univ COL; Fullerton CA
On Friday, March 21, 2025, the Second District Court of Appeal, division 3, published Montoya v. Superior Court of Orange County (Cal. Ct. App., Feb. 28, 2025, No. G064459) 2025 WL 654642. It is an important opinion on burden shifting when it comes to causation. In short, when a defendant's negligent omission makes it uncertain as to specificity or the e...
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