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Crisp Regional Hospital9/23/2005
seeking to impose vicarious liability on Crisp Regional for the professional negligence of its nurse employees. In Case No. A05A1174, Oliver contends the trial court erred by granting summary judgment on this claim on the basis that there was no evidence the alleged nursing negligence proximately caused his injuries. See supra note 3. We need not determine whether the trial court correctly granted summary judgment for lack of proximate cause. Because the exclusive remedy provision of the WCA barred this claim by Oliver against his employer, Crisp Regional (see division 1, supra), we affirm the trial court's grant of summary judgment in favor of Crisp Regional under the right for any reason rule. City of Gainesville v. Dodd, 275 Ga. 834 (573 SE2d 369) (2002).
4. In Case No. A05A1174, Oliver appeals from the trial court's grant of summary judgment in favor of Crisp Regional on his breach of contract claim. On this claim, Oliver alleged that Crisp Regional breached a contract entered into with Dr. Sewell requiring Crisp Regional to purchase professional liability insurance covering Dr. Sewell. Oliver alleged that the purchase of liability insurance under the contract was for his benefit as a patient injured by Dr. Sewell's professional negligence, and that he was entitled to sue Crisp Regional for breach of this contractual obligation as a third-party beneficiary of the contract.
For a third party to have standing under OCGA ยง 9-2-20 (b) to enforce a contract made between other parties, it must appear clearly on the face of the contract that it was intended for the benefit of the third party. Miree v. United States &c., 242 Ga. 126, 135 (249 SE2d 573) (1978); Scott v. Mamari Corp., 242 Ga. App. 455, 457 (530 SE2d 208) (2000). "The mere fact that [the third party] would benefit from performance of the agreement is not alone sufficient." Miree, 242 Ga. at 135. There is nothing on the face of the contract at issue clearly showing that it was intended for Oliver's benefit, and the mere fact that Oliver or other patients might benefit from the purchase of liability insurance under the terms of the contract is not sufficient, without more, to confer the status of third-party beneficiary of the contract. Moreover, the general rule in Georgia is that, with the exception of certain instances where liability insurance coverage is legislatively mandated, "the general rule that liability claimants are not regarded as third-party beneficiaries of liability policies." Googe v. Florida Intl. Indem. Co., 262 Ga. 546, 548-549 (422 SE2d 552) (1992). There is no such legislative mandate for the purchase of professional liability insurance. Accordingly, the trial court correctly granted summary judgment in favor of Crisp Regional on this claim. Lau's Corp., supra.
5. In a motion for partial summary judgment, Dr. Thomas and the professional entity through which he provided medical services, Physician Services Central, LLP (Physician Services), sought a ruling from the trial court that no physician-patient relationship existed between Dr. Thomas and Oliver prior to February 5, 2002, and therefore no allegations regarding acts or omissions which occurred prior to that date could form the basis of Oliver's professional negligence action against Dr. Thomas and Physician Services. The trial court denied the motion. In Case No. A05A1175, Dr. Thomas and Physician Services appeal from this ruling pursuant to our grant of their application for an interlocutory appeal.
Dr. Thomas concedes that he had a physician-patient relationship with Oliver as of February 5, 2002, the first date that he saw and physically examined Oliver. Prior to that date, Oliver was seen and physically examined by Dr. Sewell
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