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Speed v. Muhanna7/22/2005
BLACKBURN, P. J., MILLER and BERNES, JJ.
In this medical malpractice action, Henry Speed appeals the trial court's grant of summary judgment to Dr. Shajih Muhanna, arguing that his attorney had no authority to release his medical malpractice claim against Muhanna, and that a letter to Muhanna from Speed's attorney did not constitute a release of that claim. For the reasons which follow, we affirm.
The standards applicable to motions for summary judgment are announced in Lau's Corp. v. Haskins. When ruling on a motion for summary judgment, the opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Further, any doubts on the existence of a genuine issue of material fact are resolved against the movant for summary judgment. When this court reviews the grant or denial of a motion for summary judgment, it conducts a de novo review of the law and the evidence. On motions for summary judgment, the court cannot resolve the facts or reconcile the issues.
(Citations omitted.) State Farm Fire &c. Co. v. Goodman.
Viewed in this light, the record shows that, on February 14, 1999, Speed injured his foot at a Sports Authority store. In November 1999, Speed retained Scott Zahler to represent him in pursuing any claims he might have "against Sports Authority, and any other Defendants later named or identified as a result of" the February 14th incident. On December 11, 2000, Zahler filed a premises liability action against Sports Authority on Speed's behalf.
Over a year later, Speed was hospitalized at Henry Medical Center from January 9, 2002, to January 20, 2002, during which time he was treated by Dr. Muhanna for deep venous thrombosis in his right leg. He was transferred to Emory University Hospital after his condition worsened.
In June 2002, Zahler called Muhanna, told him that he was representing Speed in the premises liability case against Sports Authority, and asked Muhanna if he could depose him as Speed's treating physician in that case. When Muhanna wanted assurance that the action in which he was to be deposed was not a medical malpractice case, Zahler assured him that the case was against Sports Authority and not a medical malpractice case. Muhanna asked Zahler to put that assurance in writing.
On August 27, 2002, Zahler sent to Muhanna a letter, confirming that he would be taking his deposition on September 10, 2002, and that he would be meeting with him to discuss the case prior to taking the deposition. Zahler's letter also confirmed "that the subject matter of the deposition will be the care and treatment provided by you and Henry Medical Center in connection with Mr. Speed's medical condition. This is not a medical malpractice case and neither now or in the future will you be subject to any type of malpractice claim." (Emphasis supplied.)
Thereafter, Muhanna met with Zahler and gave his deposition as scheduled on September 10, 2002. During the deposition, Muhanna was questioned about his care and treatment of Speed during his January 2002 hospitalization at Henry Medical Center, as well as about any causal connections between Speed's deep venous thrombosis and his prior foot injury at Sports Authority.
On January 8, 2004, using new counsel other than Zahler, Speed filed a medical malpractice suit against Muhanna alleging professional negligence in his care and treatment of Speed at Henry Medical Center. Muhanna filed an answer in which he asserted as a defense, among other things, that Speed had previously released any malpractice claim he
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