Griffin v. Pinson
| Docket Number: | 2005-CA-01376-COA Linked Case(s): 2005-CA-01376-COA ; 2005-CT-01376-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-03-2006 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Expert witness - M.R.C.P. 56(e) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, AND ROBERTS, JJ. Non Participating Judge(s): GRIFFIS AND BARNES, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 06-01-2005 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Paul S. Funderburk Disposition: SUMMARY JUDGMENT AWARDED TO DEFENDANT Case Number: CV01-207(R)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | MANDA GRIFFIN, INDIVIDUALLY AND AS A
WRONGFUL DEATH BENEFICIARY, AND ON
BEHALF OF ALL OTHER WRONGFUL DEATH
BENEFICIARIES OF GRACIE M. STEPHENS,
DECEASED |
FELECIA PERKINS, HIAWATHA NORTHINGTON |
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| Appellee: | TERRY PINSON, M.D. | JANELLE MARIE LOWREY, ROBERT K. UPCHURCH |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Wrongful death - Expert witness - M.R.C.P. 56(e) |
| Summary of the Facts: | Manda Griffin filed suit against Dr. Terry Pinson for negligence in the treatment of her natural mother, Gracie Stephens. The trial court granted Dr. Pinson’s motion for summary judgment. Griffin appeals. |
| Summary of Opinion Analysis: | Griffin argues is that she created a genuine issue of material fact because she seasonably supplemented her response to Dr. Pinson’s expert witness’s interrogatory and she submitted designation of experts pursuant to the scheduling order. Dr. Pinson argues that summary judgment was appropriate because Griffin failed to present an affidavit from any of her designated medical experts. Dr. Pinson notes that sixteen months elapsed between the filing of his motion for summary judgment and the hearing on the motion, yet Griffin did not present an affidavit from an expert witness at the hearing on the motion for summary judgment. M.R.C.P. 56(e) provides that supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matter stated therein. In neglecting to provide the affidavit of a medical expert to support her medical malpractice claim, Griffin failed to comply with Rule 56(e). The anticipated expert opinion set forth by Griffin could not have been based on her personal knowledge. Furthermore, Griffin had more than adequate time to submit the affidavit of a medical expert. |
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