What is the test for determining whether judgment as a matter of law is appropriate in a medical malpractice case?
California, United States of America
The following excerpt is from Spikener v. United Parcel Serv., Inc., A154689 (Cal. App. 2020):
" ' "Whether judgment as a matter of law is appropriate in any particular case will depend on a number of factors. These include the strength of the plaintiff's prima facie case, the probative value of the proof that the employer's explanation is false, and any other evidence that supports the employer's case. . . ." [Citation.]' " (Sandell v. Taylor-Listug, Inc. (2010) 188 Cal.App.4th 297, 309.)
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