In an unpublished opinion, the California Court of Appeal recently affirmed a judgment in favor of the City of Pasadena, after the trial court held that the plaintiff had not set forth evidence supporting his negligence claim, nor had he shown that he suffered damages, emotional distress, physical injuries, or property damage due to the underlying incident. In the underlying case, the plaintiff had proceeded in pro per, meaning that he was not represented by legal counsel.
At issue before the appellate court was whether the appellant had presented an adequate record for review of his wrongful death action. The court of appeals stated that the burden is on the party that appeals the lower court judgment. They must demonstrate an error, and in doing so, they must supply an adequate record for the reviewing court to assess the lower court’s actions.
The plaintiff in this case filed a wrongful death action, alleging that the City of Pasadena’s fire department paramedics negligently transported his son to an emergency room after his son suffered gunshot wounds by a third party. The trial court eventually granted summary judgment in favor of the City after the City’s requests for admissions showed that the plaintiff admitted he did not have evidence supporting his allegation of negligence. Additionally, the requests for admissions showed that he had not suffered compensatory damages, emotional distress, physical injuries, or property damage due to the incident. Judgment had been entered for the City.