In re Estate of Fedrick v. Quorum Health Res., Inc.
| Docket Number: | 2007-CA-00465-COA Linked Case(s): 2007-CA-00465-COA ; 2007-CT-00465-SCT ; 2007-CT-00465-SCT ; 2007-CT-00465-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 11-04-2008 Opinion Author: ROBERTS, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Wrongful death - Tort Claims Act - Date of negligent conduct - Continuing tort - Instrumentality - Section 41-13-35(5)(g) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Ishee and Carlton, JJ. Non Participating Judge(s): Barnes, J. Concurs in Result Only: Irving, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
|
| Trial Court: |
Date of Trial Judgment: 02-06-2007 Appealed from: NESHOBA COUNTY CIRCUIT COURT Judge: Vernon Cotten Disposition: SUMMARY JUDGMENT ENTERED IN FAVOR OF APPELLEES Case Number: 00-CV-0252-NS-C |
|
| Note: | A motion for rehearing was later granted and the trial court's judgment was affirmed in part, reversed and remanded in part by the Court of Appeals on 12/15/2009. See the opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO51934.pdf . The Supreme Court also later reversed and remanded the COA's judgment on 7/22/2010. See the SCT opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO64388.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | THE ESTATE OF EULA MAE FEDRICK BY
AND THROUGH SUE SYKES,
ADMINISTRATRIX |
F.M. TURNER |
||
| Appellee: | QUORUM HEALTH RESOURCES, INC., NESHOBA COUNTY AND MARVIN PAGE | WILLIAM W. MCKINLEY, MARK P. CARAWAY, CORY LOUIS RADICIONI |
|
|
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. |
|
| Topic: | Wrongful death - Tort Claims Act - Date of negligent conduct - Continuing tort - Instrumentality - Section 41-13-35(5)(g) |
| Summary of the Facts: | Eula Mae Fedrick was a resident of the Neshoba County Nursing Home until she died. Ms. Fedrick’s estate filed a wrongful death action against NCNH and other affiliated entities. Additionally, the estate sued Quorum Health Resources, Inc., a nongovernmental entity that entered into a management agreement with NCNH. NCNH and Quorum successfully moved for summary judgment. The Estate appeals. |
| Summary of Opinion Analysis: | The circuit court granted summary judgment based on its finding that Ms. Fedrick’s estate failed to raise any allegations of negligence that occurred within one year of August 17, 2000 – the date the estate provided statutory notice of its claim to NCGH and Quorum. The Estate argues that the circuit court resolved disputed issues of fact when it granted NCGH’s and Quorum’s motions for summary judgment. In order to survive summary judgment, the Estate’s expert was required to establish a genuine issue of material fact that NCGH and Quorum engaged in tortious conduct that proximately caused or contributed to Ms. Fedrick’s death. Additionally, that tortious conduct must have occurred on or after August 17, 1999, as Ms. Fedrick’s estate provided the statutorily required notice of claim on August 17, 2000. Because the statute of limitations pursuant to the Tort Claims Act is one year, any timely allegation of negligence must have occurred on or after August 17, 1999. The expert opined that Ms. Fedrick’s need for additional assistance would have been timely if it had been recognized “months earlier than it was.” While it is unclear just how many months earlier the expert thought NCNH should have recognized Ms. Fedrick’s need for additional assistance, it is undisputed that only one month transpired between August 17, 1999, and September 17, 1999. Even in the light most favorable to Ms. Fedrick’s estate, the expert’s affidavit does not allege any negligent conduct within one year of the notice of claim. The Estate also argues that the circuit court erred when it failed to apply the continuing tort doctrine, which would have tolled the statute of limitations. Where there is a repeated injury, the continuing tort doctrine applies and tolls the statute of limitations, which begins to run on the date of the last injury. A continuing tort sufficient to toll a statute of limitations is occasioned by continual unlawful acts, not by continual ill effects from an original violation. Here, the continuing tort doctrine does not apply since there is no genuine issue of material fact that, even in the light most favorable to the Estate, the expert’s affidavit raised an allegation of negligence that accrued “months earlier” than September 17th. The Estate also argues that the court erred by concluding that Quorum was entitled to the protections, limitations, and immunities provided by the Tort Claims Act. Pursuant to section 41-13-35(5)(g), NCGH, through its Board of Trustees, has the power to contract with any corporation for the providing of services by or to the community hospital. A review of the agreement between Quorum and NCGH indicates that Quorum is an instrumentality of NCGH. The agreement between Quorum and NCGH was titled as a “management agreement.” NCGH did not abdicate any of its control or authority over its operation or its business. It is clear that under the precise circumstances of this case and context of the relationship between Quorum and NCGH, there is no genuine issue of material fact regarding whether Quorum is an “instrumentality” of NCGH. As an “instrumentality” of a community hospital, Quorum is entitled to the protections, limitations, and immunities of the Tort Claims Act. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
