Nelson v. Board of Regents of the University System of Georgia
307 Ga. App. 220
| Ga. Ct. App. | 2010Background
- MCGHI failed to timely answer the complaint and sought to open default, which the trial court granted.
- MCGHI then moved for summary judgment arguing it bore no liability; the trial court denied, leading to interlocutory appeal and a prior affirmance (MCG Health I).
- Resident Defendants (Cowan, Brown, Macomsen, Ewart) moved to dismiss on immunity grounds, which the trial court granted.
- This appeal challenges the default-opening ruling, the second summary judgment grant, and the dismissal based on qualified immunity.
- The court held that the default was properly opened, the law-of-the-case rationale did not bar the second summary judgment, and resident physicians were entitled to qualified immunity under the GTCA.
- The decision cites Bonner v. Peterson and Keenan v. Plouffe to delineate immunity scope for resident physicians and distinguishes private-pay attending physicians.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in opening default | Nelson argues improper basis for opening default | MCGHI shows proper-case grounds and meritorious defense | No abuse; proper-case grounds satisfied and discretion supported |
| Whether law of the case barred considering new evidence for the second summary judgment | Law of the case prohibited granting based on expanded record | Expanded record after remittitur changed evidentiary posture | Law of the case did not bar the second summary judgment |
| Whether the Resident Defendants are entitled to qualified immunity under GTCA | Residents should not be immune due to treatment context | Residents acted under supervision with institutional licenses; immunity applies | Resident Defendants entitled to qualified immunity under GTCA |
| Whether the GTCA immunity forecloses additional grounds for dismissal and insurance issues | Insurance coverage could affect immunity scope | Insurance does not defeat GTCA immunity; restricted scope applies | GTCA immunity upheld; insurance issue not dispositive |
Key Cases Cited
- Bonner v. Peterson, 301 Ga.App. 443 (2009) (resident physicians entitled to GTCA immunity when under supervision)
- Keenan v. Plouffe, 267 Ga. 791 (1997) (attending physician not acting within state employment for private-pay patient)
- MCG Health, Inc. v. Nelson (MCG Health I), 270 Ga.App. 409 (2004) (decision affirming denial of first MSJ; law-of-the-case considerations)
- Exxon Corp. v. Thomason, 269 Ga. 761 (1998) (abuse-of-discretion standard for opening default and related factors)
- Ford v. St. Francis Hosp., 227 Ga.App. 823 (1997) (factors for opening default under proper-case grounds)