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Satterfield v. St. Elizabeth Health Center2/17/2005
JUDGMENT: Affirmed
{ } Defendant-appellant, St. Elizabeth Health Center, appeals a Mahoning County Common Pleas Court judgment granting summary judgment in favor of defendants-appellees, Bel-Park Anesthesia Associates, Inc., and its employees, Dr. Chong Lee, Chris Breznai, and Carri Ponigar, and denying appellant's motion to amend its cross-claim.
{ } Plaintiff Evelyn Jane Satterfield underwent outpatient surgery at St. Elizabeth Hospital on April 24, 2000. Appellees provided the anesthesia during the operation. Satterfield was seriously injured as a result of a fire that occurred during the operation.
{ } Mrs. Satterfield and her husband, Clarence Satterfield, filed a medical-malpractice suit against appellant, appellees, and the Cleveland Clinic Foundation and its employee, Dr. Charles Modlin (collectively referred to as "CCF"). Appellant later filed a cross-claim for contribution and indemnification against CCF and appellees.
{ } In July 2003, the Satterfields entered into a high-low settlement agreement with appellant. Under the terms of the agreement, appellant paid the Satterfields $500,000 and the Satterfields agreed that regardless of the outcome at trial, they would not execute a judgment against appellant exceeding an additional $500,000. On August 20, 2003, CCF settled all of the Satterfields' claims against CCF. The Satterfields dismissed their remaining claims on September 18, 2003.
{ } After learning of the settlement, CCF and appellees filed motions for summary judgment on appellant's cross-claim. Next, appellant filed a motion for leave to amend its cross-claim, which the trial court initially granted. A few days later, CCF filed a motion for reconsideration of the court's decision allowing appellant to file an amended cross-claim. On January 6, 2004, the trial court issued a judgment granting CCF's and Bel-Park's motions for summary judgment, granting CCF's motion for reconsideration, and denying appellant's motion for leave to amend its cross-claim. Appellant thereafter filed its timely notice of appeal. Appellant has since dismissed its appeal against CCF.
{ } Appellant raises two assignments of error, the first of which states:
{ } "The trial court erred as a matter of law in granting summary judgment in favor of the CCF and Bel-Park defendants."
{ } Appellant argues that summary judgment was improper because genuine issues of material fact exist regarding its right to indemnification from appellees. Appellant contends that the Satterfields' claims against it were based on agency by estoppel. In other words, the Satterfields sought to hold appellant liable for the acts of those practicing in its hospital. The Satterfields, appellant claims, never established that it committed any independent acts of negligence. Therefore, appellant argues that because its alleged negligence was secondary to that of appellees, indemnification from appellees is proper.
{ } Furthermore, appellant contends that it asserted its right of indemnification in its cross-claim by asserting that if it "should be found liable by virtue of principles of vicarious liability or primary and secondary negligence," then it was entitled to indemnification by those who were primarily liable to the Satterfields. The trial court found that because appellant was never found vicariously liable for appellees' conduct, summary judgment was proper. However, appellant urges us to consider that it was found liable to the Satterfields. Appellant argues that the fact that the Satterfields settled with it demonstrates that the Satterfields considered appellant to be liable to them. It contends that a judicial determ
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