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Cole v. Methodist Medical Center6/18/2002
DATE OF TRIAL COURT JUDGMENT: 06/26/2000
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: SUMMARY JUDGMENT GRANTED APPELLEE
DISPOSITION: AFFIRMED - 6/18/2002
. George A. Cole filed a lawsuit in the First Judicial District of Hinds County Circuit Court against Methodist Medical Center (Methodist) on July 9, 1998, requesting damages for injuries he alleged to have been caused by Methodist's negligent acts and omissions. Methodist filed its response and a motion for summary judgment. The trial court granted Methodist's motion. Aggrieved, Mr. Cole appeals and cites the following issues as error:
I. May a default judgment be entered against a party on summary judgment solely for failure to respond?
II. Assuming arguendo that the court could enter a default judgment, would such a judgment be appropriate in the case at bar?
FACTS
. On September 2, 1998, Mr. Cole filed an amended complaint (which changed only the name of the defendant from Methodist Medical Center to Methodist Healthcare-Jackson Hospitals) against Methodist. Cole alleged that Methodist failed to monitor his needs while in the hospital on August 31, 1996. Cole alleged that the lock on the bathroom door was defective. His complaint alleged that because the door was not secure and he did not receive the assistance of hospital personnel, he "fell injuring the right side of his chest and right shoulder."
. The record reflects the following chronology of events:
07/09/98: complaint filed against Methodist
08/13/98: Methodist filed its answer and defenses
09/02/98: Cole filed an amended complaint
09/30/98: Methodist filed its answer to amended complaint
02/11/99: scheduling order entered
06/28/99: Methodist filed a motion for summary judgment
06/28/99: Methodist filed affidavit of Jim Baxter, Director of Plant Operations of Central Mississippi Medical Center in support of the motion for summary judgment
06/28/99: Methodist sent a letter to Cole advising that the hearing date on the motion for summary judgment had been set for September 7, 1999 at 9:00 a.m.
07/01/99: notice of setting on motion for summary judgment for September 7, 1999
07/13/99: Cole by letter to Methodist requested thirty-day extension in which to respond to motion for summary judgment
07/15/99: Methodist by letter to Cole agreed to extension until August 1, 1999 to respond to motion for summary judgment
08/02/99: phone call requesting a further extension until August 6, 1999
08/03/99: Methodist by letter to Cole agreed to an extension until August 6, 1999 regarding the response to the motion for summary judgment
09/09/99: Methodist granted summary judgment
09/22/99: Cole filed a motion to vacate summary judgment
10/08/99: Methodist filed a response to the motion to vacate
11/04/99: Methodist wrote Cole and questioned that he either secure a hearing date for his motion to vacate or abandon the motion
01/11/00: Methodist again wrote Cole to request that the motion to vacate be set for hearing or abandoned
03/01/00: Cole's attorney by letter to trial judge advised that he had obtained a job out-of-state and needed to withdraw from the case. He gave the name of the attorney who would continue representation of Cole.
03/10/00: order granting motion of Cole's attorney to withdraw
03/17/00: Methodist filed a motion to confirm order of dismissal
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