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

Ralph Martinez and Zack Trapp obtained final Summary Judgment for a Volusia County Orthopedic Surgeon

The Plaintiff alleged our client was negligent in the performance of a right shoulder surgery. We first challenged Plaintiff’s initial presuit orthopedic surgery expert on the grounds that he was not properly qualified to corroborate Plaintiff’s allegations against our client because the expert had not actively practiced medicine for more than 3 years before the date of incident. The Court agreed and struck the expert. Plaintiff then attempted to produce a new expert affidavit during litigation. However, the Court agreed with our Motion for Summary Judgment and ruled that Plaintiff failed to provide a corroborating affidavit from a properly qualified expert before the expiration of the statute of limitations and ordered a final dismissal of the case against our client.

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