08/22/2008 at 03:45 PM EDT
The soap opera that is Ed McMahon's life continued this week, with attorneys for Cedars-Sinai Medical Center in Los Angeles requesting that a court toss out many of the former Tonight Show
sidekick's legal claims
On Wednesday, the hospital's legal team filed papers declaring that McMahon failed to prove his allegations of fraud, battery, elder abuse and emotional distress, the Associated Press reports.
The facility's attorneys also seek to prevent the 85-year-old TV veteran from securing punitive damages.
According to the Superior Court suit McMahon filed last month, he tumbled on "unsafe entry stairs" at a March 2007 dinner party at the home of Robert Day, founder of the investment management firm TCW Group.
After McMahon was rushed to Cedars, his suit alleges, a doctor failed to diagnose his broken neck and then discharged him. Only weeks later was the injury discovered, but treatment – including spinal surgery – "fell below the applicable standard of care," McMahon's legal papers claim.
The injury has also prevented McMahon from working and has contributed to his current financial crisis
Next month, a judge will determine if any of McMahon's claims should be dismissed.