Johnson v. Pace
122 So. 3d 66
| Miss. | 2013Background
- The Johnsons filed a medical-malpractice complaint against Dr. Pace on September 19, 2011 regarding Felicia Johnson's surgery.
- Dr. Pace answered on October 31, 2011 denying negligence and served discovery seeking expert designations and admissions.
- The Johnsons admitted they had no report from a qualified medical expert supporting breach of the standard of care.
- Dr. Pace moved for summary judgment on May 14, 2012, arguing lack of expert testimony.
- The Johnsons moved to quash Pace's motion, claiming it was premature due to no scheduling order or expert-designation deadline.
- The trial court granted summary judgment on September 14, 2012; the appellate court affirmed, addressing whether the motion was premature.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pace's motion for summary judgment was premature | Johnsons: motion premature due to no expert designation deadline | Pace: Rule 56(k) allows summary judgment any time; no expert required to block | Not premature; proper under Rule 56 and case law |
Key Cases Cited
- Kerr-McGee Corp. v. Maranatha Faith Center, Inc., 873 So.2d 103 (Miss.2004) (rejected premature-designation deadline as bar to summary judgment)
- Barner v. Gorman, 605 So.2d 805 (Miss.1992) (expert testimony required in medical-malpractice cases)
- Smith v. Gilmore Mem’l Hosp., Inc., 952 So.2d 177 (Miss.2007) (expert testimony generally required to survive summary judgment)
- Brooks v. Roberts, 882 So.2d 229 (Miss.2004) (negligence in medical-malpractice requires expert testimony)
- Davis v. Hoss, 869 So.2d 397 (Miss.2004) (summary judgment standard — light most favorable to non-movant)