DeLaughter v. State ex rel. Oklahoma State Department of Mental Health & Substance Abuse Services

2001 OK 61, 47 P.3d 462, 72 O.B.A.J. 1969, 2001 Okla. LEXIS 77, 2001 WL 752695
CourtSupreme Court of Oklahoma
DecidedJuly 3, 2001
DocketNo. 94,775
StatusPublished
Cited by6 cases

This text of 2001 OK 61 (DeLaughter v. State ex rel. Oklahoma State Department of Mental Health & Substance Abuse Services) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeLaughter v. State ex rel. Oklahoma State Department of Mental Health & Substance Abuse Services, 2001 OK 61, 47 P.3d 462, 72 O.B.A.J. 1969, 2001 Okla. LEXIS 77, 2001 WL 752695 (Okla. 2001).

Opinion

WINCHESTER, J.

§1 This matter concerns a medical malpractice action filed by appellant against Ap-pellee Nicasio Gutierrez, Jr., M.D. (hereinafter "Dr. Gutierrez") arising from the suicide of appellant's spouse, Julius Paul DeLaughter, Jr., after appellee discharged Mr. De-Laughter from his care at Oklahoma County's Crisis and Intervention Center.

FACTS AND PROCEDURAL HISTORY

1 2 On September 10, 1998, Mr. DeLaughter was admitted to the Oklahoma County Crisis and Intervention Center, where Dr. Gutierrez provided treatment and care to him. Mr, DeLaughter was discharged from the Center on September 14, 1998. The record reflects that on September 16, 1998, Mr. DeLaughter set his house on fire and remained inside after it ignited. He sustained severe burns as a result of the blaze, from which he died on September 18, 1998.

13 The trial court granted Dr. Gutierrez's Motion for Summary Judgment, finding, as a matter of law, that he was an employee of the State of Oklahoma acting within the scope of his employment at all times during his care and treatment of Mr. DeLaughter, and thus was immune from tort liability pursuant to Oklahoma's Governmental Tort Claims Act. The Court of Civil Appeals, Division 4, affirmed the judgment of the trial court in favor of Dr. Gutierrez.

T 4 The record reveals no issues of disputed facts exist in the instant case. According ly, the sole issue we address on certiorari is whether Dr. Gutierrez is entitled to immunity under Oklahoma's Governmental Tort Claims Act. Upon de novo review, we hold that Dr. Gutierrez is immune from liability under 51 0.S.8upp.2000, § 1531 and is entitled to judgment as a matter of law.

[464]*464REVIEW OF SUMMARY PROCEEDINGS

T5 Summary judgment is appropriate where it appears there is no substantial controversy as to any material fact and one party is entitled to judgment as a matter of law. Daugherty v. Farmers Coop. Ass'n, 1984 OK 72, ¶ 5, 689 P.2d 947, 949; Crockett v. McKenzie, 1994 OK 3, ¶ 3, 867 P.2d 463, 464. "[The inquiry on appeal concerning the propriety of the entry of summary judgment is limited to potential controversies concerning any issue raised by the pleadings." Wabaunsee v. Harris, 1980 OK 52, ¶ 9, 610 P.2d 782, 785. Our ruling must be made on the record that the parties actually presented and not on a record that is potentially possible. Weeks v. Wedgewood Village, Inc., 1976 OK 72, ¶ 12, 554 P.2d 780, 784. An order that grants summary relief disposes of legal issues. Therefore, on appeal, the review we conduct is de mnovo. Brown v. Nicholson, 1997 OK 32, ¶ 5 n. 1, 935 P.2d 319, 321 n. 1; Manley v. Brown, 1999 OK 79, ¶ 22, n. 30, 989 P.2d 448, 456 n. 30. "An appellate court claims for itself plenary, independent and non-deferential authority to re-examine a trial court's legal rulings." Manley, 1999 OK 79, ¶ 22, n. 30, 989 P.2d at 456, n. 30.

OKLAHOMA'S GOVERNMENTAL TORT CLAIMS ACT

16 The first impression issue before us concerns whether a state-employed physician who is neither a faculty member at the University of Oklahoma Health Sciences Center or the College of Osteopathic Medicine of Oklahoma State University, nor a student at one of these institutions, is classified as a state "employee" and thus entitled to immunity for medical negligence under the Governmental Tort Claims Act while practicing medicine. Dr. Gutierrez's claim of immunity hinges upon our interpretation of the last sentence of the final paragraph contained in 51 0.S8.Supp.2000, § 152(5)(b)(8)2 that provides in pertinent part, the state shall not "be held Hable for tortious conduct of any physician, resident physician or intern while practicing medicine or providing medical treatment to patients."

1 7 Appellant argues that this exemption to the state's Hability applies to all state-employed physicians who commit torts while practicing medicine or providing medical treatment to patients. Under appellant's interpretation, Dr. Gutierrez would not be entitled to immunity for any alleged medical malpractice committed relative to Mr. De-Laughter. Dr. Gutierrez asserts that this exemption to immunity applies only to the individuals described at the beginning of the paragraph, to-wit: physician faculty members and staff of the University of Oklahoma Health Sciences Center and the College of Osteopathic Medicine of Oklahoma State University who are not acting in an administrative capacity or engaged in teaching duties.

[465]*465¶ 8 We foreshadowed today's decision in Anderson v. Eichner, 1994 OK 136, 890 P.2d 1329, wherein we held faculty physicians were not immune from liability for torts that occurred while they practiced medicine. Our analysis of § 152 and its final paragraph included the following:

"Section 152's final provision is intended as a descriptive statement. It clearly lays down the rule that, although the defendant physicians might otherwise be considered state employees when involved in the educational process, they nonetheless stand outside the seope of their employment whenever they engage in the practice of medicine."

Anderson v. Eichner, 1994 OK 136, ¶ 14, 890 P.2d 1329, 1338.

¶ 9 This language indicates the final paragraph of § 152(5)(b)(8) describes physicians involved in the educational process-those employed by the University of Oklahoma's Health Sciences Center .or the College of Osteopathic Medicine at Oklahoma State University. We also stated in Anderson that the legislature expressed "an underlying intent to subject faculty and student physicians to individual lability for torts committed while practising medicine," (see Anderson v. Eichner, 1994 OK 136, ¶ 15, 890 P.2d 1329, 1339) evidenced by the lability limit of one hundred thousand dollars ($100,000.00) in § 154(D) that is tailored to faculty and student physicians who practice medicine. Our holding in Anderson implies that the exemption from immunity contained in § 158(5)(b)(8) pertains only to faculty physicians, resident physicians and interns at one of the two educational institutions enumerated in the final paragraph of that section'.3

¶ 10 Three years after Anderson, the Court of Civil Appeals, Division 4, interpreted the exemptions contained in § 152(5), including the final sentence of the paragraph contained in § 152(5)(b)(8), in a manner consistent with the implications of our Anderson holding.4 Today, we visit the issue and concur.

STATUTORY CONSTRUCTION

¶ 11 The intent of the legislature controls when interpreting statutes. Tulsa County Deputy Sheriff's Fraternal Order of Police v. Board of County Commissioners of Tulsa County, 2000 OK 2, ¶ 10, 995 P.2d 1124, 1125, reh'g. denied, (June 30, 1998), appeal after remand, 2000 OK 2, 995 P.2d 1124. It is presumed that the law-making body has expressed its intent in a statute and that it intended what it so expressed. TXO Production Corp. v. Okl. Corp. Comm'n, 1992 OK 39, ¶ 7, 829 P.2d 964, 969. Rules of statutory construction are employed only when legislative intent cannot be ascertained from the language of a statute, as in cases of ambiguity or conflict with other statutes. Cooper v. State ex rel. Dep't. of Public Safety, 1996 OK 49, ¶ 10, 917 P.2d 466, 468. The primary goal of rules of statutory construction is to ascertain the legislature's intent. Ledbetter v. Alcoholic Bev.

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Bluebook (online)
2001 OK 61, 47 P.3d 462, 72 O.B.A.J. 1969, 2001 Okla. LEXIS 77, 2001 WL 752695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delaughter-v-state-ex-rel-oklahoma-state-department-of-mental-health-okla-2001.