Comty. Hosp. of Jackson, et al. v. Goodlett, et al.
| Docket Number: | 2006-CA-01629-SCT Linked Case(s): 2006-CA-01629-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 09-20-2007 Opinion Author: CARLSON, J. Holding: Reversed and Remanded |
|
| Additional Case Information: |
Topic: Personal injury - Strict compliance with section 11-1-58(1)(a) - Standing - Section 11-1-58(4) Judge(s) Concurring: Smith, C.J., Dickinson, Randolph and Lamar, JJ. Non Participating Judge(s): Waller, J. Dissenting Author : Diaz, P.J. Dissent Joined By : Graves, J. Concur in Part, Concur in Result 1: Easley, J. Procedural History: Interlocutory Appeal Nature of the Case: CIVIL - PERSONAL INJURY |
|
| Trial Court: |
Date of Trial Judgment: 08-30-2006 Judge: Tomie Green Disposition: After a transfer of venue to the Circuit Court of the First Judicial District of Hinds, the defendants filed a Motion to Dismiss, or in the Alternative, to Stay Proceedings and Enforce Arbitration Agreement, which was denied by the trial court. Case Number: 251-05-884CI |
|
| Consolidated: 2006-IA-01596-SCT | ||
| Party Name: | Attorney Name: | |||
| Appellant: | COMMUNITY HOSPITAL OF JACKSON, MISSISSIPPI d/b/a COMMUNITY NURSING HOME
FOUNDATION, INC., MICHELLE DANIEL AND DERWOOD BOYLES |
MARJORIE SELBY BUSCHING
STEVEN MARK WANN
HEATHER M. ABY |
||
| Appellee: | BERNADETTE GOODLETT, BY AND ON BEHALF OF SARAH GOODLETT | JOHN PRESTON SCANLON JOHN F. HAWKINS |
|
|
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: | Personal injury - Strict compliance with section 11-1-58(1)(a) - Standing - Section 11-1-58(4) |
| Summary of the Facts: | Bernadette Goodlett brought suit against Community Hospital of Jackson, Michelle Daniel, and Derwood Boyles in the Clay County Circuit Court by and on behalf of her mother, Sarah Goodlett, alleging negligence, negligence per se, respondeat superior, and breach of contract due to decubitus ulcers Sarah developed during her stay in the nursing home. After a transfer of venue to the Circuit Court of the First Judicial District of Hinds County, the defendants filed a Motion to Dismiss, or in the Alternative, to Stay Proceedings and Enforce Arbitration Agreement, which was denied by the trial court. The Supreme Court granted an interlocutory appeal. |
| Summary of Opinion Analysis: | Community argues that Bernadette failed strictly to comply with section 11-1-58(1)(a), because Bernadette’s counsel did not attach the certificate required by the statute to the complaint. Bernadette argues that, through her counsel, she requested Sarah’s medical records before filing suit, and that since Community failed to turn over Sarah’s records, Bernadette may avail herself of section 11-1-58(4). Only Sarah had standing to bring suit; therefore, only Sarah had the right to obtain her medical records, as Bernadette, by her own sworn admission, did not have a power of attorney or any other legal authorization to act on behalf of her mother to enter into contracts or waive my mother’s rights to obtain records. Since Bernadette obtained Sarah’s authorization only after filing suit, Bernadette jumped the gun in filing suit without meeting the requirements of section 11-1-58. Therefore, the trial court erred in denying the defendants’ motion to dismiss. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
