Felice McGathey v. Brookwood Health Services, Inc., D/b/a Brookwood Medical Center, and Scott Appell, M.d.

Summary

The court reversed the summary judgment for Brookwood because employee testimony created a genuine issue of material fact as to whether Brookwood personnel negligently permitted a hot surgical bar to be attached to McGathey's hand without expert testimony being required. It affirmed summary judgment for Dr. Appell because he was not shown to control the physician's assistant who attached the bar and because McGathey lacked expert evidence supporting her separate claim concerning his safety plan. The court also affirmed judgment on the assault-and-battery claims and denial of the motion to substitute identified employees for fictitious defendants because McGathey knew their identities before filing suit and did not exercise due diligence. Justice Murdock, joined by Justice Shaw, and Justice Stuart, concurring in part and dissenting in part, would have affirmed the summary judgment for Brookwood because expert testimony was necessary.