Michael B. Stewart v. William Deaton, M.D.
2021 Ark. App. 73
Ark. Ct. App.2021Background
- On Oct. 13, 2015, Stewart injured his back at work and was treated at Concentra by Merritt Rausch (PA) under Dr. Carle; CT scans were read by Drs. Deaton and Hoover, who found no fracture. Stewart later saw Dr. Allan Gocio (UAMS), who diagnosed an L5–S1 herniated disc and performed surgery.
- Stewart sued appellees for malpractice (failure to diagnose/read imaging and delayed proper treatment). Defendants served requests for admission asking Stewart to admit he lacked requisite expert testimony; Stewart did not timely respond and the matters were later deemed admitted.
- Defendants moved for summary judgment, arguing the deemed admissions established Stewart had no expert and thus could not meet the statutory burden in a medical-malpractice case.
- Stewart filed late responses and an affidavit from Dr. Vernon Johnson (stating only that he is a “medical doctor” and referencing a missing CV) contending he had retained an expert; defendants replied that the affidavit was untimely and substantively insufficient to show a qualified expert.
- The circuit court found the requests for admission deemed admitted, that Stewart failed to show a qualified expert (Dr. Johnson’s affidavit lacked qualifying detail and CV), and granted summary judgment. The Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendants met initial burden to show plaintiff needed expert testimony (i.e., negligence outside common knowledge) | Stewart: appellees failed to prove the negligence was beyond common knowledge and thus failed initial burden | Defendants: deemed admissions showed plaintiff had no expert, satisfying movants’ prima facie burden | Court: argument not preserved below; regardless, defendants met initial burden via deemed admissions and controlling precedent; summary judgment proper |
| Whether Dr. Vernon Johnson’s affidavit created a genuine issue by showing a qualified expert | Stewart: Johnson’s affidavit (he is a “medical doctor”) and counsel’s assertions suffice; CV omission was harmless | Defendants: affidavit is conclusory, CV missing, untimely, and fails to establish training/experience to qualify as an expert | Court: affidavit insufficient to show a qualified expert; circuit court did not abuse discretion; no genuine issue created |
| Whether the requests for admission were dispositive | Stewart: later retained an expert; deemed admissions should not be dispositive | Defendants: requests were admitted; without expert plaintiff cannot meet burden | Court: requests deemed admitted (Stewart conceded failure to timely respond); admissions established lack of expert and supported summary judgment |
Key Cases Cited
- Robson v. Tinnin, 322 Ark. 605 (1995) (summary-judgment burdens and viewing evidence in favor of nonmoving party)
- Skaggs v. Johnson, 323 Ark. 320 (1996) (defendant meets prima facie summary-judgment burden by showing plaintiff lacks expert testimony)
- Hamilton v. Allen, 100 Ark. App. 240 (2007) (clarifies parties’ burdens on summary judgment in medical-malpractice actions)
- Hardesty v. Baptist Health, 2013 Ark. App. 731 (2013) (failure to respond to requests for admission admits lack of expert and supports summary judgment)
- Dodd v. Sparks Reg’l Med. Ctr., 90 Ark. App. 191 (2005) (court may reject expert affidavit that fails to demonstrate requisite qualifications)
- Haase v. Starnes, 323 Ark. 263 (1996) (expert testimony required unless alleged negligence is within common knowledge)
- Cathey v. Williams, 290 Ark. 189 (1986) (non‑specialist physician may be qualified if education, experience, or association shows knowledge of applicable standard)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (moving party need not negate plaintiff’s claim; once prima facie showing made, nonmoving party must produce evidence)