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.
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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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