Bowie v. Montfort Jones Mem'l. Hosp., et al.
| Docket Number: | 2001-CT-01045-SCT Linked Case(s): 2001-CA-01045-COA ; 2001-CA-01045-COA ; 2001-CT-01045-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 12-31-2003 Opinion Author: Carlson, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Medical malpractice - Timeliness of designation of expert witness - M.R.C.P. 26(f) Judge(s) Concurring: Pittman, C.J., Smith, P.J. Waller and Cobb, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Dissenting Author : McRae, P.J. Dissent Joined By : Easley, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - MEDICAL MALPRACTICE |
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| Trial Court: |
Date of Trial Judgment: 06-19-2001 Appealed from: Attala County Circuit Court Judge: Joseph H. Loper Disposition: Granted summary judgment for the Appellees. Case Number: 99-0209-CV |
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| Note: | GRAVES, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION | |
| Party Name: | Attorney Name: | |||
| Appellant: | Willie Bowie, Individually and on behalf of the Heirs at Law of Lois Brown, Deceased |
ISAAC K. BYRD
KATRINA M. BIBB GIBBS
RAMEL LEMAR COTTON |
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| Appellee: | Montfort Jones Memorial Hospital; Kosciusko Medical Clinic; Perry Lishman, M.D.; Gary Holdiness, M.D.; Richard Carter, M.D.; and Timothy Alford, M.D. | STEPHEN P. KRUGER JOHN COLLINSWORTH McCANTS HEBER S. SIMMONS, III TINA LORRAINE NICHOLSON LYNDA CLOWER CARTER GEORGE QUINN EVANS |
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| Topic: | Medical malpractice - Timeliness of designation of expert witness - M.R.C.P. 26(f) |
| Summary of the Facts: | As a result of the death of Lois Brown, her heirs filed a medical malpractice action against a hospital, a clinic, and several physicians. The trial court granted summary judgment in favor of the defendants, and the Brown heirs’ appeal was assigned to the Court of Appeals. The Court of Appeals reversed the grant of summary judgment and remanded the case to the trial court for a plenary trial on the merits. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Pursuant to M.R.C.P. 26(f), discovery responses are to be supplemented seasonably. Lois Brown died in 1998, and this action was filed in 1999. The trial court's scheduling order provided that plaintiffs were to designate experts by December 31, 2000. The motions for summary judgment were filed in January 2001. Plaintiffs did not designate their medical expert as a witness until February 5, 2001, and did not file his affidavit until February 28, 2001. An action may not be dismissed for a discovery violation if a party is simply unable to comply, but dismissal may be justified if the violation is the result of willfulness, bad faith, or any fault of the party. As of August 16, 2000, the parties and attorneys in this case knew what was expected of them by the trial court upon its entry of the scheduling order. It was not until the hearing on the motions for summary judgment, some sixty-four days after the passage of the plaintiffs’ deadline for expert designation, that the plaintiffs for the first time acknowledged that they had failed to meet the court-imposed deadline. The parties must take seriously their duty to comply with court orders. Therefore, the decision of the Court of Appeals is reversed. |
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