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McEwan, Martinez, Dukes, Hall & Vancol, PA Motto
  • 108 E. Central Boulevard Orlando, Florida 32801

On March 3, 2025, Ralph Martinez and Zack Trapp obtained final summary judgment on behalf of their client, who was a neurosurgeon in the Space Coast.

On March 3, 2025, Ralph Martinez and Zack Trapp obtained final summary judgment on behalf of their client, who was a neurosurgeon in the Space Coast. The allegations were that our client failed to properly operative on the cervical spine. During discovery, we realized Plaintiff’s expert was an orthopedic spine surgeon and not a neurosurgeon. After taking Plaintiff expert’s deposition, we moved to dismiss the case by way of summary judgment because it was undisputed that Plaintiff’s expert did not practice in the same specialty as our client. We argued that even though both doctors operated on the spine, our client’s education, background and training differed from how orthopedic surgeons are trained and operate. After considering the arguments raised by Mr. Trapp, the Court entered an order granting final summary judgment, and dismissed the case with prejudice.

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