Beloved U.S. TV icon Ed McMahon has been given the go-ahead by a U.S. judge to proceed with a lawsuit against Los Angeles' Cedars-Sinai Medical Center, in which he accuses doctors of failing to cure his neck problems.
The former Tonight Show sidekick, who has been suffered a series of financial woes this year (08), checked into the hospital after breaking his neck in a fall at billionaire Robert Day's home last year (07).
He claims the treatment he received wasn't acceptable and alleges he is still experiencing neck pain which prevents him from working.
On Monday (22Sep08), Los Angeles Superior Court Judge John P. Sook dismissed the hospital's lawyers' technical objections, ruling that MCMahon had adequate legal grounds to pursue compensation.
He is now suing the hospital's bosses and two physicians for negligence, elder abuse, battery, fraud and intentional infliction of emotional distress, among other accusations, and is seeking a jury trial.
MCMahon's attorney, William Stoner, says, "The court's ruling rejected the contention by Cedars-Sinai that it could not be responsible for the botched surgeries. It was a very important day for Ed MCMahon."
MCMahon is also suing Day after slipping on "unsafe entry stairs" outside his home.
The 85 year old is currently battling a number of financial problems and faces lawsuits from a major credit card company, a pharmacy, and a New York law firm.