Estate of Hazelton v. Cain
| Docket Number: | 2005-CA-01484-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-27-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Negligence - Violation of statute - Legal duty of licensee or administrator Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 11-30-2005 Appealed from: Harrison County Circuit Court Judge: Kosta N. Vlahos Disposition: MOTIONS FOR SUMMARY JUDGMENT GRANTED Case Number: A24010100325 |
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| Party Name: | Attorney Name: | |||
| Appellant: | THE ESTATE OF MAGGIE HAZELTON BY AND
THROUGH DARLENE HESTER,
ADMINISTRATRIX OF THE ESTATE OF MAGGIE
HAZELTON, FOR THE USE AND BENEFIT OF THE
ESTATE OF MAGGIE HAZELTON, AND FOR THE
USE AND BENEFIT OF THE WRONGFUL DEATH
BENEFICIARIES OF MAGGIE HAZELTON |
F. M. TURNER |
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| Appellee: | H. CONNER CAIN AND RICHARD L. SMITH | WALTER WILLIAM DUKES |
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| Topic: | Wrongful death - Negligence - Violation of statute - Legal duty of licensee or administrator |
| Summary of the Facts: | Darlene Hester, Maggie Hazelton’s representative, brought suit against Connor Cain, president and controlling shareholder of Driftwood Nursing Center, and Richard Smith, former administrator of Driftwood, alleging negligence, medical malpractice, fraud, and wrongful death. Cain and Smith each filed motions for summary judgment which the court granted. Hester appeals. |
| Summary of Opinion Analysis: | In a negligence action, the plaintiff bears the burden of producing sufficient evidence to establish the elements of duty, breach of duty, proximate causation, and injury. Hester argues that a genuine issue of material fact exists as to whether Cain and Smith had a legal duty pursuant to the statutes and regulations for nursing homes, and also as to whether Cain and Smith breached that alleged duty. Violation of a statute, regulation, or ordinance may support a cause of action for negligence per se where the plaintiff is within the class protected, and the harm sustained is the type sought to be prevented. Sections 43-11-1 to -13 sets forth statutory requirements for nursing homes in Mississippi. No language is included which creates a specific legal duty for either a licensee or an administrator. While a nursing home or its owner may be held liable under general tort law principles for negligence regarding the care of a resident, the same duty does not extend to a licensee or administrator. A corporate director is not personally liable to a third party merely by reason of his corporate status for the torts committed by other personnel. Some showing of direct personal involvement by the corporate officer in a decision or action which is causally related to the plaintiff’s injury is required. Hester fails to provide evidence to show that Cain or Smith directed or authorized any of the alleged conduct towards Hazelton. Hester relies on surveys and inspections conducted by the Mississippi Department of Health to prove that Cain and Smith should have been aware of the deficiencies, and that the existence of these reports created a sufficient issue of material fact as to Cain’s and Smith’s neglect of their legal duties. While these reports show that Driftwood was cited in July 1998 and April 1999 as needing to improve a variety of areas, the reports do not establish a causal connection between Cain and Smith and Hazelton’s personal care, or that the men negligently handled their duties, or that any perceived problems were not readily corrected by the nursing home. Thus, the court did not err in granting the motions for summary judgment. |
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