Haygood v. Chandler10/31/2003
F. Donald Haygood, M.D., P.A. (the "Association") appeals a take-nothing verdict in favor of Randy Chandler ("Chandler") and also appeals the grant of summary judgment in favor of Rex A. Nichols, Jr. ("Nichols"), Andrew G. Khoury ("Khoury"), Karen Bishop ("Bishop"), Nichols & Nichols, P.C. (the "Nichols firm"), and Bishop & Bishop, P.C. (the "Bishop firm"). We affirm.
Background
In December 1996, Chandler sued Dr. Haygood, the Association , Coastal Emergency Services, and Gilmer Medical Center, alleging that Dr. Haygood was negligent when he failed to properly treat an injury to Chandler's finger. Nichols and Khoury of the Nichols firm and Bishop of the Bishop firm represented Chandler in the suit. In January of 1999, the case went to trial and the trial court entered a directed verdict in favor of Dr. Haygood, the Association, and Coastal Emergency Services.
On March 14, 2000, the Association filed suit against Chandler, Nichols, Khoury, Bishop, the Nichols firm, and the Bishop firm, alleging malicious prosecution and intentional infliction of emotional distress causes of action. The Association also sought both compensatory and punitive damages. Bishop and the Bishop firm filed their answer on April 3, 2000; Chandler filed his answer on April 14, 2000; and Nichols, Khoury, and the Nichols firm filed their answer on April 20, 2000.
On May 7, 2001, the Association filed a "Motion to Compel Response to Request for Production and for Imposition of Sanctions Against Defendant, Nichols & Nichols, P.C." The Nichols firm filed a response to the motion on May 29, 2001. On July 3, 2001, the trial court ordered that the Nichols firm submit an adequate response to the Association's requests for production within seven days. That same day, the trial court signed an order disposing of various discovery motions, including the Association's motion to compel. In the order denying the motion to compel, the trial court stated that the basis for the Association's motion to compel was that it sought detailed financial data from the Nichols firm, but ruled the financial data was entitled to protection from disclosure. However, the trial court also ordered the Nichols firm to provide the Association with a "statement of current net worth" on or before forty-five days prior to the trial of the case.
On October 26, 2001, Appellees filed a traditional motion for summary judgment , contending that 1) the summary judgment proof conclusively established that the Association sustained no special injury and therefore cannot recover for malicious prosecution, 2) the intentional infliction of emotional distress claim must fail because a) the Association is incapable of sustaining emotional distress, b) Appellees' conduct was privileged as a matter of law, as the exercise of a legal right to bring suit, c) Appellees' conduct was not extreme and outrageous as a matter of law, and d) even if the Association sustained any distress, it was not sufficiently severe to authorize recovery as a matter of law. In that same motion, Appellees also filed a no-evidence motion for summary judgment, contending that 1) there was no evidence of any special injury in order for the Association to recover on its malicious prosecution claim, and 2) there was no evidence of reckless conduct or extreme and outrageous conduct to satisfy the intentional infliction of emotional distress claim.
On November 13, 2001, the Association filed a "Second Motion for Sanctions, Motion to Compel Compliance With Court Orders, and Motion for Default Judgment Against Defendant, Nichols & Nichols, P.C.", and also filed motions to compel responses to requests for production and for th
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