Maxwell v. Baptist Mem'l Hosp.- Desoto, Inc.
| Docket Number: | 2005-CA-01518-COA Linked Case(s): 2005-CA-01518-COA ; 2005-CA-01518-COA ; 2005-CT-01518-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-10-2007 Opinion Author: IRVING, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Medical malpractice - Summary judgment - Affidavits - Burden of proponent - Supplementation - M.R.C.P. 56(e) - Continuance - M.R.C.P. 56(f) Judge(s) Concurring: King, C.J., Lee, P.J., Chandler, Barnes and Ishee, JJ. Non Participating Judge(s): Carlton, J. Dissenting Author : Roberts, J. Dissent Joined By : Myers, P.J. and Griffis, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - MEDICAL MALPRACTICE |
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| Trial Court: |
Date of Trial Judgment: 06-30-2005 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: SUMMARY JUDGMENT GRANTED TO HOSPITAL Case Number: CV2002-351RD |
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| Note: | This opinion was later modified on 5/27/2008. | |
| Party Name: | Attorney Name: | |||
| Appellant: | DARON MAXWELL AND PEGGY MAXWELL,
INDIVIDUALLY AND ON BEHALF OF THE
WRONGFUL DEATH BENEFICIARIES OF
WALTER MAXWELL, DECEASED |
DALE DANKS,
PIETER JOHN TEEUWISSEN |
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| Appellee: | BAPTIST MEMORIAL HOSPITAL-DESOTO, INC. | JOHN H. DUNBAR, JOSIAH DENNIS COLEMAN |
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| Topic: | Medical malpractice - Summary judgment - Affidavits - Burden of proponent - Supplementation - M.R.C.P. 56(e) - Continuance - M.R.C.P. 56(f) |
| Summary of the Facts: | Daron and Peggy Maxwell filed a medical negligence action against Baptist Memorial Hospital-Desoto, Inc., alleging that Baptist’s negligence caused the death of their father, Walter Maxwell. Baptist filed a motion for summary judgment which the court granted. The Maxwells appeal. |
| Summary of Opinion Analysis: | At the summary judgment hearing, Baptist argued that the affidavits submitted by the Maxwells were insufficient to establish a prima facie case of negligence on the part of Baptist and orally moved that the affidavits be stricken as untimely because they were filed on the day of the hearing. The trial court struck the affidavits but also ruled that they were insufficient to prevent summary judgment. Although the affidavits submitted by the Maxwells were not as complete as they should have been, the pleadings in this case, along with the answers to interrogatories and the lack of a medical affidavit by Baptist contradicting the allegations of the complaint and the answers to the interrogatories, are sufficient to prevent summary judgment. While a motion for summary judgment may be made without accompanying affidavits, based on the pleadings and the Maxwells’ response to Baptist’s interrogatory regarding the identification of experts, Baptist could not simply rely on its motion. The proponent of a motion for summary judgment must prove that he is entitled to summary judgment even if the opponent to the motion makes no response. In addition, considering the totality of the pleadings, the answers to interrogatories, and the affidavits submitted by the Maxwells in opposition to the motion for summary judgment and in support of their request for a thirty-day continuance, the court erred in not permitting supplementation of the affidavits and in not continuing the hearing pursuant to M.R.C.P. 56(e) and (f). |
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