It was not an abuse of discretion to exclude portions of plaintiff’s expert declaration which asserted (without any factual basis) that plaintiff’s injury was exacerbated by a short delay in transporting him to hospital. The trial court did not abuse its discretion in excluding key portions of the plaintiff’s expert’s declaration in this case, and without those key statements, the expert’s declaration did not raise any triable issue of fact, so summary judgment was properly entered in defendant’s favor. The expert had no factual basis for concluding that the very short (less than 30 minute) delay in transporting plaintiff to a nearby hospital exacerbated his injuries from the subdural hematoma he suffered on the football field.
California Court of Appeal, Fifth District (Hill, P.J.); January 13, 2017 (partial publication February 2, 2017); 2017 WL 128168