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Carnathan v. Rogers

Court of Appeals of Mississippi

February 28, 2017

MARY CARNATHAN, AS WRONGFUL DEATH BENEFICIARY OF JOE CARNATHAN, DECEASED, APPELLANT
v.
DR. WILLIAM BRYAN ROGERS, JOSEPH BAILEY, III, M.D. AND WOODROW WILSON BRAND, III, M.D., APPELLEES

          DATE OF JUDGMENT: 09/17/2015

         MONROE COUNTY CIRCUIT COURT HON. JAMES LAMAR ROBERTS JR. TRIAL JUDGE

          ATTORNEY FOR APPELLANT: JAMES DAVID MOORE

          ATTORNEYS FOR APPELLEES: J. GORDON FLOWERS DAVID W. UPCHURCH JOHN G. WHEELER LAUREN OAKS LAWHORN JOHN MARK MCINTOSH

          BEFORE GRIFFIS, P.J., ISHEE AND CARLTON, JJ.

          GRIFFIS, P.J.

         ¶1. This appeal arises from a medical-malpractice suit filed on behalf of the deceased, Joe Carnathan. The circuit court granted summary judgment in favor of the defendants due to Mary Carnathan's failure to properly designate an expert witness and supply an expert affidavit. We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On December 26, 2013, Carnathan filed a wrongful-death medical-malpractice claim against Dr. William Bryan Rogers, Dr. Joseph Bailey III, Dr. Woodrow Wilson Brand III, Surgery Clinic of Amory, Gilmore Memorial Hospital d/b/a Gilmore Memorial Regional Medical Center, John Does 1-5, and ABC Corporations 6-10.[1] On April 2, 2014, Carnathan attempted to serve Gilmore Memorial Hospital with process, but was informed that the proper legal entity was Amory HMA LLC.

         ¶3. Carnathan did not serve Amory HMA with process, but instead filed a motion to amend her complaint to add Amory HMA as a proper party on May 27, 2014. In this motion, Carnathan also requested to extend the discovery deadline. None of the joined defendants objected to Carnathan's motion. Carnathan, however, failed to notice the motion for a hearing and did not pursue the motion further.

         ¶4. On November 19, 2014, Dr. Bailey filed a motion for summary judgment. He asserted that Carnathan had failed to designate an expert witness to establish her prima facie case of medical negligence. Carnathan responded to the motion on December 22, 2014, but did not designate an expert witness. On February 18, 2015, Dr. Rogers filed a motion for summary judgment and made the same argument as Dr. Bailey.

         ¶5. On March 23, 2015, Dr. Brand filed a motion for summary judgment that mirrored the motions of Drs. Bailey and Rogers. On April 17, 2015, the circuit court ordered Carnathan to respond to Dr. Rogers's and Dr. Brand's motions for summary judgment. Carnathan complied with the circuit court's order, but again failed to designate an expert witness.

         ¶6. The circuit court held a hearing on the motions for summary judgment on June 19, 2015. An order that granted the motions for summary judgment was ...


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