Brown v. Delta Reg'l Med. Ctr.
| Docket Number: | 2007-CA-00867-SCT Linked Case(s): 2007-CA-00867-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 10-09-2008 Opinion Author: Dickinson, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Medical malpractice - Tort Claims Act - Independent contractors - Section 11-46-5 - Section 11-46-1(f) Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves and Randolph, JJ. Non Participating Judge(s): Lamar, J. Dissenting Author : Easley, J., without separate written opinion. Procedural History: Summary Judgment Nature of the Case: CIVIL - MEDICAL MALPRACTICE |
|
| Trial Court: |
Date of Trial Judgment: 04-25-2007 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: Richard Smith Disposition: The trial court granted summary judgment to Delta Regional Medical Center. Case Number: CI2003-258 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RALPH BROWN AND LORA BROWN |
DANA J. SWAN |
|
|
| Appellee: | DELTA REGIONAL MEDICAL CENTER | L. CARL HAGWOOD, CHRISTOPHER WAYNE WINTER, JASON EDWARD DARE | ||
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: | Medical malpractice - Tort Claims Act - Independent contractors - Section 11-46-5 - Section 11-46-1(f) |
| Summary of the Facts: | Ralph Brown alleges he was injured by the negligence of several physicians, who were independent contractors of Delta Regional Medical Center, a state hospital. DRMC moved for summary judgment, claiming it was not liable for the negligence of its independent contractors under the Tort Claims Act. The court granted the motion, and Brown appeals. |
| Summary of Opinion Analysis: | Brown argues that his physician should be treated as an employee for liability purposes, despite his status as an independent contractor. Section 11-46-5 gives plaintiffs permission to sue the state and its political subdivisions for the tortious acts of its employees committed within the course and scope of their employment. Specifically excluded by name from the definition of “employees” under section 11-46-1(f), however, are independent contractors. Therefore, under the clear, unambiguous language of the Act, DRMC cannot be held liable for the actions of an independent contractor. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
