314 So.3d 112
Miss. Ct. App.2020Background
- Abigail Murphy, an osteopathic medical student at William Carey University, underwent a Clinical Skills Assessment during which assistant professor Dr. Richard Margaitis re‑performed a sacral spring test on her after a classmate could not complete it.
- Murphy reported no immediate pain but developed sacral/lumbosacral pain and swelling within hours; imaging was unremarkable but she later received various treatments for sacroiliac dysfunction.
- Murphy sued William Carey, Dean James Turner, and Dr. Margaitis for negligence (medical malpractice), breach of implied contract, and negligent hiring/training/supervision.
- At summary‑judgment stage the defendants argued Murphy lacked admissible expert proof of causation (and that the contract and supervisory claims failed); Murphy submitted affidavits from Dr. Gary Cole (osteopathic physician) and Dr. Gerald Hesch (physical therapist).
- The circuit court granted summary judgment on all claims; on appeal the Court of Appeals affirmed dismissal of the contract and negligent‑supervision claims but reversed and remanded the medical‑malpractice claim as genuine issues of material fact existed regarding breach and causation.
Issues
| Issue | Plaintiff's Argument (Murphy) | Defendant's Argument (Appellees) | Held |
|---|---|---|---|
| Whether claim is ordinary negligence or medical malpractice | Test was professional/medical evaluation so malpractice standard applies | It is medical malpractice under §15‑1‑36 | Court: claim sounds in medical malpractice (professional services) |
| Whether summary judgment appropriate on negligence (causation & breach) | Expert affidavits (Cole, Hesch) show deviation from standard and causation (force, direction, timing) | Experts are conclusory, lack facts, and insufficient to prove causation | Court: reversed summary judgment on negligence — affidavits create genuine fact issues requiring trial |
| Breach of implied contract (student‑university) | William Carey breached implied contractual duties when student was injured during clinical instruction | No cognizable contract term shown to be breached | Court: affirmed summary judgment for defendants — plaintiff failed to identify breached term |
| Negligent hiring/training/supervision | William Carey and Dean Turner failed to properly hire/supervise/train Margaitis | No evidence defendants knew or should have known of unfitness; affidavits show proper hiring/supervision | Court: affirmed summary judgment — plaintiff offered no probative contrary evidence |
| Adverse‑inference instruction for spoliation of ESI | Appellant sought adverse‑inference jury instruction for failure to preserve/search ESI | Defendants opposed; factual development required at trial | Court: denial of pretrial adverse‑inference instruction affirmed as premature; motion for instruction may be renewed at trial if evidence supports it |
Key Cases Cited
- Hubbard v. Wansley, 954 So.2d 951 (Miss. 2007) (expert proof required to establish causation in malpractice and conclusory or contradictory expert opinions are insufficient)
- Martin v. St. Dominic–Jackson Mem’l Hosp., 90 So.3d 43 (Miss. 2012) (standards for expert certainty and causation in medical‑negligence contexts)
- Barner v. Gorman, 605 So.2d 805 (Miss. 1992) (expert must link breach to proximate cause of injury)
- Univ. of Miss. Med. Ctr. v. Hughes, 765 So.2d 528 (Miss. 2000) (student‑university relationship can be contractual and terms may be derived from university materials)
- Clinton Healthcare LLC v. Atkinson, 294 So.3d 66 (Miss. 2019) (spoliation instructions require evidence presented at trial; pretrial hearing evidence alone insufficient)
- Herrington v. Leaf River Forest Prods. Inc., 733 So.2d 774 (Miss. 1999) (post hoc temporal correlation alone does not establish proximate causation)