Yeubanks v. Methodist Healthcare-Memphis Hospitals6/10/2003
On the evening of February 17, 1998, Sarah Nicole Anderson ("Sarah"), age nine, was riding in a car driven by her mother, Plaintiff/Appellant Christina K. Yeubanks ("Yeubanks"). The car was involved in an accident, and Sarah was seriously injured. She was flown by helicopter to Le Bonheur Children's Medical Center ("Le Bonheur").
At Le Bonheur, Sarah was treated by Amy Hertz, M.D. ("Dr. Hertz"), an emergency room physician. Also in the Le Bonheur emergency room at the time were William David Dunavant, III, M.D. ("Dr. Dunavant"), a resident, and Pablo Lezama, M.D. ("Dr. Lezama"), a pediatric surgery fellow. They were assisted by two additional residents, two nurses, and other supporting personnel. S. Douglas Hixson, M.D. ("Dr. Hixson"), a surgeon, was on call.
After the initial assessment, Sarah was sent to the Le Bonheur radiology department for CAT scans. She was accompanied by Dr. Dunavant, Dr. Lezama, and two other Le Bonheur employees. While in radiology, Sarah became unresponsive. She was returned to the emergency room just before midnight. Sarah's health continued to decline. Despite resuscitation efforts, Sarah died on the morning of February 18, 1998.
On February 16, 1999, Yeubanks filed a lawsuit on her own behalf and on behalf of Sarah. Yeubanks named as defendants Dr. Hertz, Dr. Dunavant, and Dr. Hixson. She also sued Le Bonheur, under the doctrine of respondeat superior, based on the actions of Dr. Hertz, Dr. Dunavant, Dr. Hixson, and Le Bonheur's "other employees or agents." Yeubanks alleged liability under the doctrine of respondeat superior against Dr. Hixson's employer, Pediatric Surgical Group, Inc. ("Pediatric Surgical Group"). Yeubanks contended that " s a direct and proximate result of the defendants' negligence, Sarah Anderson died before her injuries were properly diagnosed and treated." The complaint sought $500,000 in damages on behalf of Sarah, and $1,000,000 in damages on Yeubanks's behalf.
Responsive pleadings filed by Dr. Hixson and Pediatric Surgical Group, Dr. Hertz, and Le Bonheur included the defense of comparative fault, alleging fault against Yeubanks and the other co-defendants. On October 15, 1999, Dr. Dunavant was dismissed from the lawsuit with prejudice. While Dr. Dunavant was dismissed as a defendant, the allegations against Le Bonheur for vicarious liability based on Dr. Dunavant's actions remained at issue.
On February 29, 2000, Yeubanks amended her complaint. The amended complaint added allegations of negligence and misrepresentation against Le Bonheur. The amended complaint also revised the amount of damages prayed for, seeking $2,000,000 in damages on behalf of Sarah for her wrongful death and $1,000,000 in damages on Yeubanks's behalf for loss of companionship, consortium, love, and affection. The amended complaint also sought $500,000 in damages on behalf of Sarah's younger sister for loss of companionship, love, and affection, and $250,000 in damages on behalf of each of Sarah's maternal grandparents. Le Bonheur's answer to the amended complaint asserted that the independent claims of negligence against Le Bonheur were time-barred.
On the eve of trial, Yeubanks filed a pre-trial brief which included an allegation that Le Bonheur was vicariously liable for the actions of Dr. Lezama. In response, at the outset of the trial, Le Bonheur filed a motion to dismiss as time-barred the portion of Yeubanks's amended complaint asserting independent liability on the part of Le Bonheur, as well as the claim asserted in the pre-trial brief that Le Bonheur was liable for the actions of Dr. Lezama. As to the allegations of liability against Le Bonheur in the amended complaint, the trial court foun
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