Cumberland County Hospital System will have to do more to prove an ophthalmologist torpedoed its investment in a joint eye care practice, according to a North Carolina Superior Court decision.1
Special Superior Court Judge Mark A. Davis on June 27 ruled that Michael Woodcock, MD’s failure to answer court filings did not mean he admitted his guilt in the allegations made by the hospital.
Cumberland County Hospital System was seeking summary judgment, and Davis denied that request even though Woodcock did not respond to the hospital’s request for admissions, arguing that his lack of response was the result of some miscues that he maintains were in part the fault of the hospital.
According to court documents,1 Davis said in the ruling that there was indeed some confusion in serving the inquiries and the hospital failed to level a convincing argument that the case would be prejudiced by letting Woodcock respond.
"Without the admissions asserted by Plaintiff, [the hospital] clearly has not satisfied its burden on a motion for summary judgment," Davis wrote in his response, according to court documents.
Davis ruled that Woodcock would have until July 7, 2023, to serve responses to plaintiff’s requests for admissions directed to him, while denying the motion for summary judgment and declaratory judgment.
In filings made earlier this year, Woodcock told the court he failed to respond because the hospital failed to send the inquiries to his attorney through official court-serving...
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