Alston v. Granville Health System
221 N.C. App. 416
| N.C. Ct. App. | 2012Background
- Plaintiff Carl Alston, administrator of Jearlene Alston's estate, sues Granville Health System, Granville Medical Center Board of Trustees, and Dr. Reginald Hall for injuries Decedent allegedly sustained under their medical care.
- Trial court dismissed the complaint under Rule 12(b)(6) for failure to state a claim; the Court of Appeals previously reversed and allowed a res ipsa loquitur claim to survive.
- On remand, after discovery, Defendants moved for summary judgment, presenting evidence about restraint and care during and after surgery.
- During surgery, Decedent was restrained and remained restrained after surgery; anesthesiologists/CRNAs later determined restraint removal; Decedent fell from the operating table as she awoke.
- Decedent died several years later from injuries related to the fall; the evidence showed who was responsible for Decedent’s care and restraint decisions.
- The court held that res ipsa loquitur does not apply because there is direct proof of the cause of injury, and the matter is a medical malpractice claim requiring Rule 9(j) certification, which the complaint lacked; thus summary judgment and dismissal were proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Law-of-the-case effect on remand summary judgment | Alston contends law-of-the-case bars summary judgment | Granville Defendants argue law-of-the-case allows new ruling on remand | Law-of-the-case does not preclude summary judgment |
| Applicability of res ipsa loquitur given direct proof | Alston argues res ipsa loquitur survives with no direct proof presented | Defendants contend direct proof exists, so res ipsa loquitur is inapplicable | Res ipsa loquitur not applicable; direct proof exists |
| Need for Rule 9(j) certification | Alston's complaint suffices without Rule 9(j) certification | Medical malpractice claims require Rule 9(j) certification when res ipsa loquitur does not apply | Rule 9(j) certification required; complaint dismissed for lack of certification |
Key Cases Cited
- Hayes v. Wilmington, 243 N.C. 525 (1956) (law-of-the-case doctrine governs remand proceedings)
- Barbour v. Little, 37 N.C. App. 686 (1978) (12(b)(6) dismissal versus 56 summary-judgment standards)
- Yorke v. Novant Health, Inc., 192 N.C. App. 340 (2008) (direct-proof defeats res ipsa loquitur)