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Martinez v. Ha11/17/2000
z provides extensive quotes of relevant deposition testimony in his brief to this court, he did not notify the superior court of this testimony until after the superior court ruled against him. The only substantive documents that Martinez presented to the superior court before that court ruled on the summary judgment motion were his complaint and his amended complaint. Allegations made in those unverified documents did not provide the superior court with sufficient grounds for denying Dr. Ha's motion for summary judgment.
Thus, the expert advisory report was the only evidence that the superior court had before it in ruling on the summary judgment motion. Such a report "is admissible in evidence to the same extent as though its contents were orally testified to by the person or persons preparing it." The report stated that " here is no evidence that the medical injury was caused by unskillful care." Dr. Ha discussed this point in his motion to the superior court, stated that " here are no facts disputing this evidence," and argued that " his evidence establishes Dr. Ha's entitlement to judgment as a matter of law." Dr. Ha attached the expert advisory report as an exhibit to his motion.
As a result, the superior court was presented with uncontroverted evidence that Martinez could not prove at least one element of his claim. Because of this, we hold that the superior court did not err in granting summary judgment to Dr. Ha.
V. CONCLUSION
Because Dr. Ha presented the superior court with uncontroverted evidence that Martinez could not establish a prima facie case and Martinez failed to provide any factual support for his claims to the superior court until after it had reached a final decision, we AFFIRM the superior court's grant of summary judgment to Dr. Ha.
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