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Haley v. Jurgenson

Court of Appeals of Mississippi

January 13, 2015

HARVEY HALEY, APPELLANT
v.
ANNA JURGENSON, AGELESS REMEDIES FRANCHISING, LLC, AGELESS REMEDIES MEDICAL SKINCARE AND APOTHECARY AND DR. GEORGE E. ABRAHAM, III, APPELLEES

DATE OF JUDGMENT: 06/13/2013.

COURT FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. JOHN HUEY EMFINGER. TRIAL COURT DISPOSITION: GRANTED APPELLEES' MOTION FOR SUMMARY JUDGMENT.

FOR APPELLANT: JENNIE AUSTIN EICHILBERGER, ASHLEY LEKESHA HENDRICKS, DARRYL MOSES GIBBS.

FOR APPELLEES: CHRIS J. WALKER, M. GARNER BERRY.

BEFORE GRIFFIS, P.J., BARNES AND ISHEE, JJ. LEE, C.J., IRVING, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., CONCURS IN PART WITHOUT SEPARATE OPINION.

OPINION

NATURE OF THE CASE: CIVIL - PERSONAL INJURY

GRIFFIS, P.J.

¶1. In this medical-negligence case, Harvey Haley alleged that he sustained injuries after Anna Jurgenson negligently performed a medical procedure on Haley with a laser device. The circuit court determined that Haley had failed to establish

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that a genuine issue of material fact existed as to the causation element of his claim and granted summary judgment. We find no error and affirm.

FACTS AND PROCEDURAL HISTORY

¶2. Haley alleges that, on December 17, 2008, he went to Ageless Remedies Medical Skincare and Apothecary in Flowood, Mississippi, to drop off business cards for his haircutting business. When he arrived, he spoke to Anna Jurgenson, an aesthetician. Haley and Jurgenson had previously worked together at Trio Spa and Salon. Haley alleges that Jurgenson offered to perform a medical procedure using a photofacial laser device to remove pimples from his face. Haley further alleged that after the medical procedure, his face was severely burned, leaving scars on his cheek and nose.

¶3. On October 26, 2010, Haley filed his complaint against Anna Jurgenson, Ageless Remedies Franchising, LLC, Ageless Remedies Medical Skincare and Apothecary, and Dr. George E. Abraham III. The complaint alleged claims of medical negligence, negligent training and supervision, and negligent infliction of emotional distress. The claims arose out of the alleged injuries he suffered from the professional medical services he received from Jurgenson and Ageless Remedies. The defendants filed their responsive pleadings and denied the averments in the complaint, and discovery ensued.

¶4. On January 16, 2013, the defendants filed a motion for summary judgment. The motion included an itemization of material facts relied upon and not genuinely disputed, which not only included deposition testimony from the defendants that established that neither Jurgenson nor anyone at Ageless Remedies performed the medical procedure on Haley, but deposition testimony from Haley himself that established that neither Jurgenson nor anyone at Ageless Remedies performed the medical procedure on him. Haley testified in his deposition that he initially told Dr. George Abraham at Ageless Remedies that Dr. Donald Faucett of Trio Spa and Salon, his designated physician expert, actually performed the medical procedure. The defendants also presented evidence that Haley stated to his attending physician, Dr. Sam Fillingane, that Dr. Faucett performed the photofacial laser procedure on him. Haley did not provide a ...


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