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Pledger v. Carrick5/5/2005
that evidence in response to a motion for summary judgment a plaintiff is entitled to have the benefit of adequate discovery from the opposing parties as the nature of the case requires. Those benefits were withheld in this case and the trial court should not have granted summary judgment until appellant was able to complete discovery and develop, if obtainable, the necessary proof. In Palmer v. Chamberlin, et al, 191 F.2d 532 (5th Cir. 1951), the Court of Appeals cautioned against the untimely granting of summary judgment under Rule 56:
However, before rendering judgment the Court must be satisfied not only that there is no issue as to any material fact, but also that the moving party is entitled to a judgment as a matter of law. Where, as in this case, the decision of a question of law by the Court depends upon an inquiry into the surrounding facts and circumstances, the Court should refuse to grant a motion for a summary judgment until the facts and circumstances have been sufficiently developed to enable the Court to be reasonably certain that it is making a correct determination of the question of law.
First National Bank, 281 Ark. at 335-36, 663 S.W.2d at 743-44.
In the instant case, Mr. Pledger was not denied discovery from the opposing parties; however, he was denied the benefit of completing the discovery that, in his opinion, would have allowed him to develop, if obtainable, the necessary proof in this case. To prove that the continuous-treatment doctrine tolled the statute of limitations in this case, Mr. Pledger had the burden of proving that Dr. Carrick's treatment of Ms. Pledger's abdominal pain was treatment of a continuing course, and that Ms. Pledger's condition was of such a nature as to impose on Dr. Carrick a duty of continuing treatment and care. Without the depositions of medical experts, Mr. Pledger was unable to present this proof. The granting of summary judgment was premature because the facts in this case were not sufficiently developed for the circuit court to determine whether summary judgment was appropriate. We hold that the circuit court abused its discretion in granting summary judgment in favor of Dr. Carrick and the Cooper Clinic prior to allowing Mr. Pledger to complete the discovery that was crucial to his case.
Reversed and remanded.
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