S-23-0324 Jillyn M. Woodward, Individually and as Special Administrator of the Estate of Brian K. Woodward, deceased (Appellant) v. Saint Francis Medical Center d/b/a CHI Health St. Francis; Babak Farivar, MD; Donald Kropf, MD; and The Physicians Network (Appellee)
Appeal from the District Court for Hall County, Judge Patrick M. Lee
Attorneys:Thomas E. Johnson and Adam P. Johnson (Johnson Tabor & Johson for Appellant) and Patrick Vipond and Cathy S. Trent-Vilim (Lamson Dugan & Murray LLP for Appellee)
Civil:Summary judgment and medical malpractice
Proceedings Below: In this medical malpractice case, the district court sustained Appellees’ motion to strike supplemental affidavits of expert witnesses, granted summary judgment in favor of Appellees, and dismissed Appellant’s complaint. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues:Appellant makes the following assignments of error: 1) The district court erred in striking the Supplemental Affidavits of Drs. Barkin and LaHolt; 2) The district court erred in ruling that there was no genuine issues of material fact regarding the proximate cause of Appellant’s injuries and that all Appellees were entitled to judgment as a matter of law; 3) The district court erred in determining, as a matter of law, that the Appellee physicians were independent contractors and not ostensible agents or common law employees of St. Francis; and 4) The district court erred in ruling that there were no issues of material fact and that Appellee, St. Francis, was entitled to judgment as a matter of law.