 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Chambliss v. Stohler6/30/2003
Background
Ms. Chambliss sought medical treatment from Defendant for problems with her right knee. In 1999, Defendant performed a total right knee arthroplasty on Ms. Chambliss. Ms. Chambliss complained of pain following the surgery and approximately one month post-surgery, Defendant performed a closed manipulation on Ms. Chambliss's right knee. Ms. Chambliss continued to complain of pain after the closed manipulation. In 2000, Defendant performed an arthrotomy on Ms. Chambliss's right knee. Ms. Chambliss continued to experience pain and sought an opinion from another physician. Ms. Chambliss then had a third right knee surgery, which was performed by another physician. Plaintiffs, Gloria Jean Chambliss and her husband, Willie Chambliss, sued Defendant and Memorial Hospital, but later nonsuited Memorial Hospital.
Defendant filed a motion for summary judgment supported by Defendant's expert affidavit opining that he knows the recognized standard of acceptable professional practice for a medical doctor practicing his specialty in the Chattanooga/Hamilton County community at the applicable time, and that he did not fall below the applicable standard of care in his treatment of Ms. Chambliss. Plaintiffs filed an expert affidavit from Dr. G. Lee Cross III along with affidavits of Ms. Chambliss and Mr. Chambliss in opposition to the motion for summary judgment. The Trial Court held that Dr. Cross's affidavit did not create a genuine issue of fact as to proximate cause, an essential element of Plaintiffs' claim. The Trial Court granted Defendant summary judgment. Plaintiffs filed a Tenn. R. Civ. P. 59.04 motion to alter or amend the judgment and also a motion to allow the filing of Dr. Cross's amended affidavit and, in effect, for a reconsideration of Defendant's motion for summary judgment in light of this amended affidavit. The Trial Court denied Plaintiffs' motions. Plaintiffs appeal. Discussion
Although not stated exactly as such, Plaintiffs raise two main issues on appeal: 1) whether the Trial Court erred in finding there is no genuine issue as to any material fact such that Defendant was entitled to summary judgment as a matter of law; and 2) whether the Trial Court erred in denying Plaintiffs' motion to amend Dr. Cross's affidavit and Plaintiffs' motion to alter or amend the judgment. Defendant raises a third issue which we restate as: whether Dr. Cross's amended affidavit, even if considered, creates a genuine issue of material fact on the issue of standard of care and proximate cause.
As our Supreme Court has instructed:
The standards governing an appellate court's review of a motion for summary judgment are well settled. Since our inquiry involves purely a question of law, no presumption of correctness attaches to the lower court's judgment, and our task is confined to reviewing the record to determine whether the requirements of Tenn. R. Civ. P. 56 have been met. See Hunter v. Brown, 955 S.W.2d 49, 50-51 (Tenn. 1997); Cowden v. Sovran Bank/Central South, 816 S.W.2d 741, 744 (Tenn. 1991). Tennessee Rule of Civil Procedure 56.04 provides that summary judgment is appropriate where: (1) there is no genuine issue with regard to the material facts relevant to the claim or defense contained in the motion, see Byrd v. Hall, 847 S.W.2d 208, 210 (Tenn. 1993); and (2) the moving party is entitled to a judgment as a matter of law on the undisputed facts. See Anderson v. Standard Register Co., 857 S.W.2d 555, 559 (Tenn. 1993). The moving party has the burden of proving that its motion satisfies these requirements. See Downen v. Allstate Ins. Co., 811 S.W.2d 523, 524 (Tenn. 1991). When the party seeking summary judgment makes a properly supported motion,
Page 1 2 3 4 5 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|