Judge grants Tri Star Horizon Medical Center summary judgment after motion goes unopposed

Presiding Judge granted Tri Star Horizon Medical Center’s motion for summary judgment during the circuit civil docket call after no party filed an opposition.

Christopher Fredos, attorney for Tri Star Horizon Medical Center, told the court: "This is Tri Star Horizon Medical Center's motion for summary judgment. It has not been opposed by either the plaintiff or my codefendant." The judge noted the absence of a response and said, "If there's no opposition and the rule requires opposition, then we will grant your motion for summary judgment. You have an order?" The court signed the order and the judge directed counsel to obtain a copy from the clerk.

The motion argued in part that the doctor accused of malpractice was an independent contractor, not a hospital employee, and that a speech-language pathologist complied with the applicable standard of care and that the patient followed dietary recommendations given by that clinician. Fredos told the court the motion’s factual basis included those points and that no opposition had been filed.

Because no party opposed the motion, the presiding judge granted summary judgment and signed an order on the record. The judge instructed counsel that the clerk would have the signed original and that counsel could obtain copies from the clerk's office.

The order disposes of Tri Star Horizon Medical Center’s motion on the grounds stated on the record; the clerk’s office will have the signed order for counsel to collect.