The unopposed motion for summary judgment by Defendant Gigi Kroll, M.D. (“Kroll”) in favor of Kroll and against plaintiffs Bennett Tompkins (“Bennett”) , a minor, by and through his Guardian ad Litem, Dana Tompkins (“Dana”), Dana Tompkins and Ryan Tompkins (“Ryan”)(collectively “plaintiffs”) is GRANTED.
This is a medical malpractice birth injury action. Plaintiffs allege defendants provided negligent medical care and treatment in connection with Dana’s labor and delivery of Bennett which resulted in Bennett suffering oxygen deprivation causing the plaintiffs’ injuries. Defendant Kroll, named as DOE 1, provided prenatal obstetrical care to Dana. She was out of town at the time of delivery. She did not see or respond to a text from Defendant Dr. Chu, asking if Kroll wanted Chu to deliver the baby. Kroll moves for summary judgment.
A party may move for summary judgment if it is contended that the action has no merit. (C.C.P. §437c (a)). A cause of action has no merit if one or more of the