Kathy A. Dearman v. Ron Christian, M.D.
| Docket Number: | 2006-CA-01759-SCT Linked Case(s): 2006-CA-01759-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 08-23-2007 Opinion Author: EASLEY, J. Holding: Affirmed |
|
| Additional Case Information: |
Judge(s) Concurring: SMITH, C.J., WALLER AND DIAZ, P.JJ., CARLSON, DICKINSON,
RANDOLPH AND LAMAR, JJ. Concurs in Result Only: GRAVES, J. Procedural History: Summary Judgment Nature of the Case: Med Mal |
|
| Trial Court: |
Date of Trial Judgment: 09-11-2006 Appealed from: Attala County Circuit Court Judge: Joseph H. Loper Disposition: Granted Appellee's Motion for Summary Judgment Case Number: 01-0031-CV-L |
|
| Party Name: | Attorney Name: | |||
| Appellant: | KATHY A. DEARMAN |
ROBERT LEWIS SPELL
G. TODD BURWELL
WILLIAM LARRY LATHAM |
||
| Appellee: | RON CHRISTIAN, M.D. | JOHN LEWIS HINKLE, IV CHRIS J. WALKER |
|
|
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. |
|
| Summary of the Facts: | Kathy Dearman filed suit pursuant to the Tort Claims Act against Montfort Jones Memorial Hospital and Dr. Ron Christian, asserting claims for medical malpractice and negligence against Dr. Christian and vicarious liability and negligence against the Hospital. Dr. Christian filed a motion for partial summary judgment on the issues of vicarious liability and negligent supervision. The trial court entered an order and opinion for partial summary judgment as to Dr. Christian. The trial court also entered a final judgment of dismissal with prejudice, dismissing the vicarious liability and negligent supervision claims against Dr. Christian only. Dearman appeals. |
| Summary of Opinion Analysis: | Dearman argues that the trial court erred by granting partial summary judgment to Dr. Christian on the issues of vicarious liability and negligent supervision, as there were genuine issues of material fact. Dr. Christian argues that none of the Hospital staff was under his direction or control, that he was not even aware that Dearman was having the procedure performed, and he was not present at the Hospital at the time of the procedure. The trial court did not err by finding that Dr. Christian was not vicariously liable for the actions of the Hospital employees. The evidence clearly showed that the radiology staff was not under Dr. Christian’s direction and control at the time of Dearman’s procedure. In addition, there was ample evidence that Dr. Christian was not aware of Dearman’s procedure and was not present at the Hospital at the time of Dearman’s procedure. The Hospital procedure was to have an emergency room or attending physician oversee the contrast injection in the absence of the radiologist. These procedures were followed, and Dr. Christian cannot be held vicariously liable for the actions of the Hospital employees when other Hospital physicians were left in charge of the testing procedures. Dearman claims that testimony from other individuals and Dr. Christian’s own testimony as to his arrival time at the Hospital were in conflict and that the issue of whether Dr. Christian was present at the Hospital at the time of the injection of the contrast fluid is important because Dr. Christian testified that when he is present at the Hospital, he is responsible for the supervision of the radiology technicians and the injections. Even though there was some conflict among the testimony of witnesses, there was no evidence that Dr. Christian was present at the time of Dearman’s procedure. No one saw Dr. Christian until sometime after the procedure was completed, after there was some indication of a problem with the test. Further, the fact that the emergency room physician was overseeing the procedure demonstrates that Dr. Christian was not at the Hospital at the time of the procedure. Therefore, the court did not err by granting partial summary judgment to Dr. Christian on the issues of vicarious liability and negligent supervision. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
