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Dantuma v. Spectrum Health10/25/2005
UNPUBLISHED
Before: Kelly, P.J., and Meter and Davis, JJ.
Plaintiffs appeal as of right from the trial court's order granting summary disposition to defendants. We affirm.
This case arises from a wrist injury sustained by plaintiff Robert Dantuma (Dantuma) on March 12, 2002, while he was working as a delivery driver for S. Abraham and Sons, Inc. (Abraham). Dantuma was treated at defendant Spectrum Health Occupational Services, where his injury was diagnosed as a sprain and treated with a splint. On March 27, 2002, defendant Dr. Robert Richmond imposed weight and repetitive movement restrictions. The next day, after learning that he would be assigned to work in a warehouse if the restrictions remained in place, Dantuma returned to Spectrum, and a physician's assistant granted his request to remove the restrictions. Dantuma subsequently used a combination of personal days and regular leave days to go to Florida with his wife. Dantuma called an employee at Abraham in the evenings to request personal days off, but he did not speak with a supervisor. Dantuma saw Dr. Richmond after he returned from Florida, and Dr. Richmond assessed the sprain as functionally stable. Dantuma worked the week of April 8, 2002, without restrictions, but was discharged from his employment on April 12, 2002.
After Dantuma was discharged from his employment with Abraham, Dr. William Petersen, a hand surgeon, diagnosed Dantuma's injury as a ligament tear. Dantuma had surgery to repair the injury but continued to have diminished grip strength.
Dantuma and Abraham subsequently settled a claim for compensation and other benefits under the Worker 's Disability Compensation Act (WDCA), MCL 418.101 et seq. Dantuma executed a separate writing stating that he voluntarily resigned from his employment with Abraham and that he waived "any and all . . . claims arising out of [Dantuma's] employment with S. Abraham & Sons, Inc."
Plaintiffs later filed this action, alleging medical malpractice by Dr. Richmond and Spectrum based on defendants' delay in the diagnosis and treatment of Dantuma's wrist injury. Plaintiffs alleged that the delay resulted in Dantuma's loss of employment because his employer fired him for "fak his injury" or "manipulat doctors." Plaintiffs subsequently filed an amended complaint adding a claim of ordinary negligence against defendants. Defendants moved for summary disposition under MCR 2.116(C)(10), alleging that any negligence on their part was not a cause of Dantuma's loss of employment, and also under MCR 2.116(C)(7), alleging that plaintiffs' action was barred by the earlier release executed by Dantuma. The trial court granted defendants' motions, dismissing both counts in plaintiffs' amended complaint.
As plaintiffs state in their appellate brief, they "initiated this action alleging efendants committed medical malpractice and ordinary negligence when they sent the Notification of Case Closing to [Abraham] resulting in the firing of . . . Dantuma." Plaintiffs argue that the trial court erred in finding no genuine issue of material fact regarding the theory that Dantuma's loss of employment with Abraham was proximately caused by the "notification of case closing" form. This form, completed by Spectrum, was addressed to the "Company Client." It stated that Dantuma "has been released to regular duties on _4-8-02 . He/she has fully recovered and is no longer in need of our services." Plaintiffs argue that the information in the form was contrary to the fact that Dantuma was not fully recovered from the wrist injury on April 8, 2002, and that the allegedly false information in the form led to Dantuma's discharge from employment.
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