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 |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-15-2009 Opinion Author: Roberts, J. Holding: Affirmed in part, reversed and remanded in part. |
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| Additional Case Information: |
Topic: Wrongful death - Tort Claims Act - Negligence - Statute of limitations - Loss of society and companionship - Continuing tort doctrine - Instrumentality - Section 41-13-35(5)(g) - Derivative claims Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis and Ishee, JJ. Non Participating Judge(s): Barnes and Maxwell, JJ. Dissenting Author : Carlton, J., without separate written opinion. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 02-06-2007 Appealed from: NESHOBA COUNTY CIRCUIT COURT Judge: Vernon Cotten Disposition: SUMMARY JUDGMENT ENTERED Case Number: 00-CV-0252-NS-C |
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| Note: | The motion for rehearing is granted. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Neshoba County Circuit Court is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. This opinion was later reversed and remanded by the Supreme Court 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 |
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| Appellee: | QUORUM HEALTH RESOURCES, INC., NESHOBA COUNTY AND MARVIN PAGE | WILLIAM W. MCKINLEY, MARK P. CARAWAY, CORY LOUIS RADICIONI |
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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 - Tort Claims Act - Negligence - Statute of limitations - Loss of society and companionship - Continuing tort doctrine - Instrumentality - Section 41-13-35(5)(g) - Derivative claims |
| Summary of the Facts: | The motion for rehearing is granted, and this opinion is substituted for the original opinion. Eula Mae Fedrick's estate filed a wrongful death action against Neshoba County Nursing Home 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 on the basis that the estate failed to raise any allegations of negligence within one year of the Tort Claims Act’s one-year statute of limitations. The estate appeals. |
| Summary of Opinion Analysis: | Issue 1: Negligence 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. A claim of negligence has four elements: duty, breach, causation, and damages. 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 tortuous conduct that proximately caused or contributed to Ms. Fedrick’s death. Additionally, that tortuous 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 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. In a non-exhaustive list, Ms. Fedrick’s estate requested damages for “loss of support, companionship, consortium, attention, guidance, protection, training, cooperation, affection, and love.” While the claims Ms. Fedrick could have brought had she not died are rendered untimely by application of the one-year statute of limitations, the estate’s claims for loss of society and companionship did not accrue until Ms. Fedrick died. Ms. Fedrick died on October 4, 1999. Ms. Fedrick’s estate provided the statutorily-required notice of claim on August 17, 2000. Accordingly, the estate’s claims for loss of society and companionship were not untimely pursuant to the one-year statute of limitations. Consequently, the estate’s claims related to loss of society and companionship are remanded to the circuit court’s active trial docket. Issue 2: Continuing tort doctrine The estate argues 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. However, the continuing-tort doctrine does not apply. The expert’s affidavit raised an allegation of negligence that accrued “months earlier” than September 17th. Issue 3: Instrumentality The circuit court concluded that although Quorum was a Delaware Corporation that contracted with Neshoba County to manage NCNH, Quorum was an instrumentality of NCGH and that Quorum was entitled to the protections, limitations, and immunities provided by the Tort Claims Act. The estate argues this was error. The Act limits the potential liability of governmental entities or employees of governmental entities. Pursuant to section 11-46-1(i), a “political subdivision” of state government includes any community hospital or other instrumentality thereof. An instrumentality is something that serves as an intermediary or agent through which one or more functions of a controlling force are carried out: a part, organ, or subsidiary branch esp. of a governing body. 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 regarding any facet of the management or operation of the community hospital or any division or department thereof, or any related activity. A review of the agreement between Quorum and NCGH indicates that Quorum is an instrumentality of NCGH. Although Quorum is a subsidiary of one of the largest hospital corporations in the United States, considering the provisions of the management agreement, 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. Issue 4: Derivative claims Because Quorum was an instrumentality of NCGH, it is entitled to the protections of the MTCA – including the one-year statute of limitations. Because Ms. Fedrick’s estate did not raise any allegations of negligence that Ms. Fedrick might have brought had she not died which occurred within one year of the estate’s notice of claim, it is irrelevant whether the claims against Quorum were derivative of those against NCGH. |
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