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Mosely v. Baptist Memorial Hospital-Golden Triangle, Inc.

Court of Appeals of Mississippi

April 25, 2017

JIMI MOSELY, INDIVIDUALLY AND AS A PERSONAL REPRESENTATIVE OF THE ESTATE AND HEIRS-AT-LAW AND/OR WRONGFUL DEATH BENEFICIARIES OF GERBORIA MAYFIELD, DECEASED APPELLANT
v.
BAPTIST MEMORIAL HOSPITAL-GOLDEN TRIANGLE, INC., BRANDY ADAMS-HALL, R.N. AND JENNIFER GILLIAM, R.N. APPELLEES JIMI MOSELY, INDIVIDUALLY AND AS PROPOSED GUARDIAN OF THE ESTATE OF GERBORIA MAYFIELD, AND ON BEHALF OF THE HEIRS AND WRONGFUL DEATH BENEFICIARIES OF GERBORIA MONIQUE MAYFIELD, DECEASED APPELLANT
v.
GREGORY W. CHILDREY, M.D. APPELLEE

          DATE OF JUDGMENT: 08/13/2015

          DATE OF JUDGMENT: 09/08/2015

         LOWNDES COUNTY CIRCUIT COURT TRIAL JUDGE: HON. LEE J. HOWARD

          ATTORNEYS FOR APPELLANT: CARLOS EUGENE MOORE TANGALA LANIECE HOLLIS TAMEIKA LADANYA BENNETT DARRYL ANTHONY WILSON

          ATTORNEYS FOR APPELLEES: DAVID W. UPCHURCH JOHN MARK MCINTOSH J. GORDON FLOWERS SCOTT FULLER SINGLEY LAUREN OAKS LAWHORN

          ATTORNEYS FOR APPELLANT: CARLOS EUGENE MOORE TAMEIKA LADANYA BENNETT TANGALA LANIECE HOLLIS DARRYL ANTHONY WILSON

          ATTORNEYS FOR APPELLEE: DAVID W. UPCHURCH JOHN MARK MCINTOSH

          BEFORE LEE, C.J., ISHEE AND GREENLEE, JJ.

          GREENLEE, J.

         ¶1. Gerboria Mayfield died at Baptist Memorial Hospital-Golden Triangle (BMH-GT) following complications from a cesarian section. Jimi Mosely, as representative of Mayfield's estate, brought a wrongful-death action based on the tort of medical negligence against Mayfield's doctor, Gregory Childrey, [1] and against BMH-GT (Mosely I). BMH-GT was dismissed without prejudice from the action pretrial due to Mosely's inadequate pleading as to causation. Mosely's subsequent motion to amend the complaint to join BMH-GT back as a defendant was denied as untimely.[2] Mosely then filed a second action (Mosely II) naming BMH-GT and two nurses, Brady Adams-Hall and Jennifer Gilliam, as defendants. The court denied Mosely's motions to consolidate Mosely I and Mosely II and granted BMH-GT's and Gilliam and Adams-Hall's respective "Motion to Dismiss, or, in the Alternative, for Summary Judgment" in Mosely II on the ground that Mosely II was barred by the two-year statute of limitations. From Mosely I, Mosely appeals the pretrial denial of the motion to amend the complaint to join BMH-GT back into the action. From Mosely II, Mosely appeals the dismissal of the case with prejudice. We consolidated the two cases for appellate review. Finding no error in either case, we affirm.

         FACTS AND PROCEEDINGS BELOW

         ¶2. On August 23, 2011, Mayfield died at BMH-GT from a perforated gastric ulcer several days after delivering twins via cesarian section. On October 22, 2013, her estate representative filed suit against both her treating physician and BMH-GT following compliance with the notice requirements of Mississippi Code Annotated section 15-1-36(15) (Rev. 2012). Presuit notice was given on August 21, 2013, one day prior to the expiration of the two-year statute of limitations.[3] The suit against BMH-GT was based on the theory of respondeat superior. No individual employees were named in the complaint or served with presuit notice.[4]

         ¶3. On November 26, 2013, BMH-GT moved to be dismissed from the action due to the complaint's failure to allege proximate causation as to BMH-GT. Following a hearing held in January 2014, this motion was granted on March 27, 2014. On May 6, 2014, the parties entered into an agreed scheduling order setting the deadline for joinder of parties and amendments to the pleadings for June 1, 2014, with a trial date of November 17, 2014. A final judgment dismissing BMH-GT without prejudice was entered on May 12, 2014. On September 3, 2014, Mosely moved to amend her complaint to add BMH-GT back in as a defendant. The court denied the motion, stating in its order that the motion "should be denied because of the delay in seeking the relief at this time, which would cause undue burden and expense for the defendant."[5]

         ¶4. On November 4, 2014, Mosely filed a new, separate complaint naming as defendants BMH-GT and two individual nurses involved in Mayfield's care, Gilliam and Adams-Hall. Mosely then filed a series of motions to consolidate Mosely I and Mosely II. Mosely did not provide presuit notice to BMH-GT or to Gilliam and Adams-Hall prior to filing Mosely II. The motions to consolidate were denied. The defendants respectively moved to be dismissed from Mosely II. At the hearing on the motions to dismiss, Mosely conceded that the second action should be dismissed under Arceo v. Tolliver, 949 So.2d 691, 697-98 ...


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