Summary Judgment Dismissal


Laura S. Murphy and Joseph Randazzo recently obtained summary judgment dismissal on behalf of a podiatrist in Bronx County Supreme Court. Plaintiff alleged that the defendants improperly performed  an ankle surgery, tendon repair, and Osteochondritis dissecans (OCD) lesion repair upon plaintiff, resulting in the need for subsequent surgery, permanent pain, and limited motion of the foot and ankle.  Plaintiff claimed that neither of the defendant podiatric surgeons were qualified to perform the surgery, and that the surgery was improperly performed. There was a disagreement as to which defendant performed the subject foot surgery on the plaintiff, and in support of our motion, our Podiatric expert opined that the surgery was properly performed regardless of who performed it.  Further, our expert opined that out client was qualified to perform the surgery. The Court found that  plaintiff’s expert failed to establish that our podiatrist was unqualified and failed to establish the surgery was improperly performed. Accordingly, the case was dismissed in its entirety.