Mason v. IHS Cedars Treatment Center of Desoto Texas8/15/2001
Justice Farris
This is an appeal from a summary judgment granted in favor of IHS Cedars Treatment Center of Desoto, Texas, Inc., The Cedars Mental Health Center Innovative Healthcare Systems, Inc. (collectively, Cedars Hospital), Minirth-Meier Clinic, P.A. (Clinic), Teofilo Moses V. Ramos, Jr., M.D., Paul Meier, M.D., and Sandra J. Duryea Marx, R.N. (collectively appellees) in a medical malpractice claim. Jodi Marie Mason (Mason), individually and as next friend of Ashley Ladon Mansfield and Courtney Marie Mason, minors, and Karen Rudd (collectively, appellants) sued appellees contending appellees' negligent discharge of Mason caused her to be seriously injured. In three issues, appellants contend the trial court erred in granting summary judgment. We affirm in part, reverse in part, and remand to the trial court for further proceedings.
Facts
This case involves three people who were voluntarily admitted for treatment at the Clinic and Cedars Hospital. On July 26, 1993, Mason was admitted for depression and was treated by Ramos. Thereafter, Richard Alexander Cleveland and Cynthia Thomas were admitted, and both were treated by Meier. On the evening of August 16, 1993, Mason and Thomas informed Nurse Marx they wanted to be released, and Marx telephoned both Ramos and Meier to obtain permission for their respective patient's unscheduled discharge. Each doctor gave his authorization, and Mason and Thomas were discharged at the same time. The next day, Cleveland asked for a pass to go riding with Thomas and "another former patient." Meier refused Cleveland's pass request and discouraged Cleveland's early release. Cleveland agreed to stay, but later left the hospital. On August 18, 1993, Mason, Thomas, and Cleveland were involved in a single-car accident in a vehicle owned and driven by Thomas. As a result of the accident, Cleveland was killed. Mason and Thomas sustained serious injuries.
Appellants sued for Mason's injuries, alleging various acts of negligence. The allegations against Ramos involve his treatment, discharge, and post-release care of Mason. The allegations against the other appellees involve Mason's care and discharge and the simultaneous discharge of Thomas. Appellants also alleged that Meier, the Clinic, and Cedars Hospital failed to have adequate policies and procedures in place and failed to take action to prevent inappropriate conduct between patients. All appellees moved for summary judgment, asserting they owed no duty to Mason and that their conduct was not a proximate cause of her injuries. The trial court granted summary judgment for each on the basis that appellees' respective negligence, if any, was not a proximate cause of Mason's injuries.
Standard of Review
The standards for reviewing a summary judgment are well established. See Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546, 548-49 (Tex. 1985); City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979). A summary judgment for the defendant disposing of the entire case is proper only if, as a matter of law, viewing the evidence in the light most favorable to the plaintiff, the plaintiff could not succeed upon any theory pleaded. Delgado v. Burns, 656 S.W.2d 428, 429 (Tex. 1983) (per curiam); Portlock v. Perry, 852 S.W.2d 578, 581 (Tex. App._Dallas 1993, writ denied). We must review the summary judgment grounds on which the trial court actually ruled and which are dispositive of the appeal. Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 5 (Tex. 1999). In the interest of judicial economy, we are also authorized to review other grounds the movant preserved for review on which the trial judge did not rule. Id.; Cincinnati Life Ins. C
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