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MORRIS v. HUNTER12/29/1994
ord demonstrates that Dale Morris, although perhaps unable to make complex decisions without assistance, can do so if provided with time and a careful explanation. For example, with his wife's assistance, he signed a settlement agreement for his workers' compensation benefits in 1991 with apparent understanding. Because the evidence suggests that he has participated in decisionmaking under certain circumstances, a genuine issue of material fact exists as to whether, overall, he was unable to function in society and protect his legal rights. A summary judgment was improperly granted.
Plaintiff Dallas Morris also argues that a summary judgment was improperly granted because her claim for loss of consortium is an independent action, not a derivative action, and not subject to the tolling provision of section 853. We need not resolve whether her claim is derivative or independent because, in either case, a summary judgment was improper. If derivative, the loss of consortium action is subject to section 853 and a genuine issue of material fact exists. If independent the action is barred by the statute of limitations and plaintiff has shown harm. In either alternative, a summary judgment was improper.
Plaintiffs further assert that the court erred by refusing to consolidate their medical and legal malpractice claims. The Superior Court, however, granted a summary judgment without ruling on plaintiffs' motion. Because we vacate the judgment and plaintiffs may again move to consolidate, we note that the judicial economy achieved by declining to sever the common issue for a single hearing is not readily apparent. It is important that courts strive to avoid the inconsistent findings that can result from separate hearings on the same issue. This is particularly true when, as here, a mechanism is readily available to achieve a single factual determination. On remand, there would seem to be good reason to consolidate the proceedings for the limited purpose of deciding the common issue with respect to the statute of limitations. Plaintiffs should not unnecessarily face the risk of losing both cases because of inconsistent factual findings.
The entry is:
Judgment vacated. Remanded for further proceedings consistent with the opinion herein.
All concurring.
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