157 So. 3d 109
Miss. Ct. App.2015Background
- Dr. Lambert sued Baptist Memorial Hospital North Mississippi and Baptist Health Services in 2006 in Lafayette County Circuit Court over his termination; Baptist counterclaimed for breach of contract.
- The circuit court granted summary judgment for Baptist on Lambert’s complaint, but did not address the counterclaim; later, Baptist pursued the counterclaim and Lambert's motion for summary judgment was granted against Baptist.
- Lambert was diagnosed with obsessive-compulsive personality disorder (OCPD) after evaluation; Baptist suspended his hospital staff privileges and terminated him citing unfitness to practice medicine.
- The termination clause of Lambert’s employment agreement permitted termination for cause tied to suspension or loss of clinical privileges; Lambert did not exercise a hearing, though invited, and his attorney waived rights.
- Baptist argued Lambert failed to plead impossibility as an affirmative defense under Rule 8(c); the court nevertheless relied on Restatement (Second) of Contracts sections 261 and 262 to grant Lambert summary judgment.
- The Mississippi Supreme Court affirmed, finding no genuine issue of material fact and that impossibility/impracticability discharged Lambert’s contractual duties due to his medical diagnosis and resulting unfitness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of Baptist’s summary-judgment motion was properly appealable. | Baptist | Lambert | Interlocutory; not reviewable on appeal |
| Whether Lambert’s summary-judgment victory against Baptist was proper based on impossibility under Restatement §261/§262. | Baptist | Lambert | Summary judgment affirmed; impossibility/impracticability excused performance |
| Whether the court should address the declaratory-judgment claim after granting Lambert summary judgment. | Baptist | Lambert | Declined to address; dispositive issue rendered declaratory-judgment moot |
Key Cases Cited
- Lambert v. Baptist Mem’l Hosp.-N. Miss. Inc., 67 So.3d 799 (Miss.Ct.App.2011) (discusses procedural posture and summary judgments in the case)
- Price v. Purdue Pharma Co., 920 So.2d 479 (Miss.2006) (de novo review of summary judgments; evidentiary standard)
- Hinds Cnty. v. Perkins, 64 So.3d 982 (Miss.2011) (interlocutory nature of denial of summary judgment; not appealable as of right)
- Holland v. Peoples Bank & Trust Co., 3 So.3d 94 (Miss.2008) (interlocutory orders summary judgment review standards)