Carrington v. Methodist Medical Center

740 So. 2d 827, 1999 WL 275154
CourtMississippi Supreme Court
DecidedMay 6, 1999
Docket96-CT-00662-SCT
StatusPublished
Cited by20 cases

This text of 740 So. 2d 827 (Carrington v. Methodist Medical Center) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carrington v. Methodist Medical Center, 740 So. 2d 827, 1999 WL 275154 (Mich. 1999).

Opinion

740 So.2d 827 (1999)

Pamela Gail CARRINGTON, personal Representative of the wrongful death Beneficiaries of James Wiley Carrington, III, deceased
v.
METHODIST MEDICAL CENTER, INC.

No. 96-CT-00662-SCT.

Supreme Court of Mississippi.

May 6, 1999.

John Graham Holaday, Shane F. Langston, Jackson, Attorneys for Appellant.

Randall D. Noel, Memphis, TN, Heber S. Simmons, III, Douglas T. Miracle, Jackson, Attorneys for Appellee.

EN BANC.

*828 ON PETITION FOR WRIT OF CERTIORARI

BANKS, Justice, for the Court:

¶ 1. This is before the Court on writ of certiorari. We granted the petition for writ of certiorari to address a question of broad public importance in regard to the proper interpretation of Miss.Code Ann. § 41-21-105 (1993), which governs liability for actions taken during commitment of patients for mental treatment. We conclude that the Court of Appeals erred in affirming summary judgment in favor of Methodist Medical Center, Inc. pursuant to § 41-21-105, as this statute does not immunize negligent custodial care.

I.

¶ 2. On December 14, 1992, the Chancery Court of Hinds County entered an order involuntarily committing James Wiley Carrington, III to the Mississippi State Hospital at Whitfield. That order, which provided that James Carrington would be temporarily placed at the Methodist Medical Center pending the availability of a place at the Mississippi State Hospital, was executed pursuant to an existing general contract between Methodist and Hinds County.

¶ 3. On December 31, 1992, while still at the Methodist Medical Center, James Carrington committed suicide by hanging himself from the handle of a commode and died of anoxia due to strangulation. A wrongful death action was filed by Pamela Gail Carrington, as personal representative of the wrongful death beneficiaries of James Carrington. In the complaint, Carrington alleged that Methodist failed to exercise ordinary and reasonable care in the custody of James Carrington, that Methodist departed from the generally accepted and recognized standard of care and skill in the care and custody of James Carrington by: (1) failing to provide adequate constant surveillance until there was improvement in his depression, (b) failing to assess suicidal ideation on a regular basis, (c) failing to provide protection from self-harm, (d) failing to treat with anti-depressant medication, and (e) failing to assess his mental status. Carrington further alleged that upon admission to Methodist, the plan of treatment for James Carrington was that he be watched very closely, that this order was not changed, but was in effect at the time of James's death.

¶ 4. In its answer, Methodist admitted that the medical record reflected that Dr. Bross's plan was to watch James Carrington very closely; however, it denied that there was an order to that effect. Methodist affirmatively asserted that all of the care or treatment provided to James Carrington by the nurses and other employees, was proper and fully complied with the applicable standard of care; that the physicians who admitted, assessed, diagnosed, prescribed medication and treated James Carrington were not employees or agents of Methodist, but were independent contractors and that Methodist was not liable for their actions. Methodist also alleged that it was immune from liability pursuant to Miss.Code Ann. § 41-21-105 (1993).

¶ 5. On February 13, 1996, Methodist filed a motion to dismiss or, in the alternative, a motion for summary judgment on the grounds that Carrington failed to prove that it performed an intentional act which led to James Carrington's suicide and that it was immune pursuant to Miss. Code Ann. § 41-21-105 (1993).

¶ 6. In its order granting the motion for summary judgment in favor of Methodist, the trial court found that Methodist was immune from liability pursuant to Miss. Code Ann. § 41-21-105 (1993). The court denied Methodist's motion as it related to Methodist's remaining defenses.

¶ 7. On appeal, the Court of Appeals affirmed the judgment of the trial court. Carrington v. Methodist Med. Ctr., Inc., 704 So.2d 471 (Miss.Ct.App.1997).

*829 II.

a.

¶ 8. This Court employs a de novo standard in reviewing a trial court's grant of summary judgment. Summary judgment is proper where there exists no genuine issues of material fact, and judgment may be rendered as a matter of law. State ex rel. Mississippi Ethics Comm'n v. Aseme, 583 So.2d 955, 957 (Miss.1991). In the present petition, this Court is presented with a question of law, i.e., the proper interpretation of Miss.Code Ann. § 41-21-105 (1993).

b.

¶ 9. Carrington argues that Methodist is not immune from liability pursuant to section 41-21-105 of the Mississippi Code of 1972 because section 41-21-105 only provides a type of governmental immunity for those who play an intimate role in the actual civil commitment process. She explains that, even if we find that the statute does apply, we should find that there are genuine issues of material fact as to whether Methodist was grossly negligent in its dealings with James Carrington.

¶ 10. The Court of Appeals found that Methodist acted in good faith in its dealings with James Carrington and that the record does not support a finding that any of Methodist's agents or employees had acted wilfully, maliciously, or in a grossly negligent manner. The court held that the trial court properly found that, as a matter of law, Methodist was entitled to summary judgment under the provisions of Miss. Code Ann. § 41-21-105 (1993).

¶ 11. In Zeigler v. Zeigler, 174 Miss. 302, 310, 164 So. 768, 770 (1935), we wrote: "In construing statutes, the chief desire of the courts is to reach the real intention of the Legislature.... Unthought of results must be avoided if possible, especially if injustice follows, and unwise purpose will not be imputed to the Legislature when a reasonable construction is possible." (citations omitted). Miss.Code Ann. Section 41-21-105, the statute at issue in the case sub judice, reads as follows:

(1) All persons acting in good faith in connection with the preparation or execution of applications, affidavits, certificates or other documents; apprehension; findings; determinations; opinions of physicians and psychologists; transportation; examination; treatment; emergency treatment; detention or discharge of an individual, under the provisions of sections 41-21-61 to XX-XX-XXX, shall incur no liability, civil or criminal, for such acts.
(2) No civil suit of any kind whatsoever shall be brought or prosecuted against the board, any member thereof, any director or employee for acts committed within the scope of their employment, except for wilful or malicious acts or acts of gross negligence.

Miss.Code Ann. § 41-21-105 (1993).

¶ 12.

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Cite This Page — Counsel Stack

Bluebook (online)
740 So. 2d 827, 1999 WL 275154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carrington-v-methodist-medical-center-miss-1999.