MARY CARNATHAN, AS WRONGFUL DEATH BENEFICIARY OF JOE CARNATHAN, DECEASED, APPELLANT
DR. WILLIAM BRYAN ROGERS, JOSEPH BAILEY, III, M.D. AND WOODROW WILSON BRAND, III, M.D., APPELLEES
OF JUDGMENT: 09/17/2015
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
GRIFFIS, P.J., ISHEE AND CARLTON, JJ.
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
AND PROCEDURAL HISTORY
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. 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.
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.
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.
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
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 ...