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FORD v. ST. PAUL FIRE & MARINE INS. CO.12/9/1999
ied that Mr. Ford had hypertension, a history of atherosclerosis, prior carotid artery surgery, the possible presence of a urinary tract infection, a prior history of smoking, a possible chronic obstructive pulmonary disease, and renal impairment. According to Dr. Van Way, the renal impairment alone would have doubled the risk of surgery. Under these circumstances, there was no proof that a delay in performing surgery was the proximate cause of Mr. Ford's death.
Given appellants' failure to meet "proof with proof," coupled with three expert witnesses who did not establish proximate cause, the trial court correctly granted summary judgment in favor of appellees. Accordingly, the trial court's order awarding summary judgment is affirmed.
Affirmed.
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