Major v. North Valley Hospital

759 P.2d 153, 233 Mont. 25, 45 State Rptr. 1263, 1988 Mont. LEXIS 193
CourtMontana Supreme Court
DecidedJuly 15, 1988
Docket87-511
StatusPublished
Cited by11 cases

This text of 759 P.2d 153 (Major v. North Valley Hospital) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Major v. North Valley Hospital, 759 P.2d 153, 233 Mont. 25, 45 State Rptr. 1263, 1988 Mont. LEXIS 193 (Mo. 1988).

Opinions

MR. JUSTICE McDONOUGH

delivered the Opinion of the Court.

Plaintiff Helen Major, individually and as Personal Representative of the Estate of Judith M. Eayrs, appeals from the summary judgment order of the District Court of the Eleventh Judicial District, Flathead County, declaring her claim barred by the applicable statute of limitations. We affirm.

Appellant presents two issues for review:

1. “Whether the District Court Erred in Making Findings of Fact upon Defendants’ Motion for Summary Judgment.”

2. “Whether the District Court Erred in Finding as a Matter of Law that the Statute of Limitation Barred the Claims of Helen Major, individually and as Personal Representative of the Estate of Judith Eayrs.”

The facts can be summarized as follows: At approximately 7:40 a.m. on March 20, 1982, appellant received a telephone call from her daughter, Judith Eayrs (Judy). Judy told appellant that she was suffering from an extremely sore throat and needed medical attention. Appellant drove to her daughter’s apartment, and at approximately 8:00 a.m., called North Valley Hospital in Whitefish to inform personnel there of Judy’s condition and imminent arrival. While both appellant and her daughter lived in Kalispell, they decided it would be best to travel to Whitefish because Judy’s treating physician and medical records were located there. Judy suffered from systemic lupus erythematosis, a disease with multiple symptoms including episodes of swelling in the throat with attendant breathing difficulty, and had been treated several times at North Valley Hospital.

[27]*27Upon arriving at the hospital emergency room, appellant learned that the nurse on duty had not yet contacted Judy’s doctor, Dr. Ricker. The nurse logged a call to Dr. Ricker’s clinic at 8:38 a.m. relaying Judy’s complaint that her throat felt like it was closing shut. Dr. Ricker was not available that day, and the call was taken by his partner, Dr. Coolidge. The nurse called Coolidge again at approximately 9:00 a.m., and he arrived at the emergency room at approximately 9:20 a.m.

After being examined by Dr. Coolidge, Judy was taken for chest X-rays and admitted to the general ward. At approximately 10:20 a.m., she lunged from her bed toward the window and collapsed on the floor of her room. A code blue was sounded, but those attending Judy could not revive her, and she died of respiratory arrest.

In May of 1982, appellant sought legal assistance concerning a possible medical malpractice action arising out of Judy’s death. On advice of counsel, she requested access to Judy’s hospital records in July of 1982, but did not take possession of copies of those records until October of 1984. On April 17, 1985, appellant filed an Application for Review with the Medical-Legal Panel concerning the treatment received by Judy. This malpractice action was filed on August 9, 1985. The defendants moved for summary judgment based on the passing of more than three years between Judy’s death and the filing of the Application for Review by the Medical-Legal Panel. The District Court granted the motion and entered its order of summary judgment on December 22, 1986. The order was certified as a final judgment on July 27, 1987, in order to facilitate an appeal to this Court.

Issue I

Appellant presents essentially two arguments regarding the District Court’s alleged error in making findings of fact. She first contends that the mere presence of findings in the court’s order was error. Appellant cites case authority from this Court that summary judgment is not to be utilized as a substitute for trial of factual controversies.

Appellant is correct that summary judgment is not a vehicle for deciding factual issues. However, she has failed to offer any authority for her assertion that including findings of fact in an order granting summary judgment is reversible error. As we have previously held, facts simply are not decided when summary judgment is [28]*28granted. Rule 56, M.R.Civ.P., requires that there be no issue of material fact in order for summary judgment to issue. Inclusion of findings of fact in an order of summary judgment is therefore unnecessary and redundant. Boise Cascade Corp. v. First Security Bank of Anaconda (1979), 183 Mont. 378, 385, 600 P.2d 173, 178. In Boise, we held that the failure of the appellant to assign error to the findings of fact in the court’s summary judgment order had no effect on the appeal. We did not hold the inclusion of the findings to be reversible error, and we decline to do so in this case.

Appellant’s second argument is that the District Court made findings involving disputed issues of fact, and has thereby “precluded the Plaintiff from presenting certain proof at the time of trial.” Appellant does not cite any authority that could give an indication of the basis for her argument. However, while the court’s summary judgment order will operate to remove appellant from this action individually and as personal representative of her daughter’s estate, she will remain a party as guardian of Hallie Jean Eayrs, Judy’s minor daughter, and presumably will wish to enter factual proof in that capacity. We will therefore examine her argument in order to foreclose any doubts as to her ability to continue in her capacity as guardian.

The most relevant basis for appellant’s argument is the “law of the case” doctrine, which states that once an issue has been judicially determined, that decision should put the issue to rest for the remainder of the case. State v. Carden (1976), 170 Mont. 437, 555 P.2d 738. However, the law of the case doctrine does not apply when a separate issue is involved. In B.M. by Berger v. State (Mont. 1985), [215 Mont. 175,] 698 P.2d 399, 42 St.Rep. 272, we held that the doctrine did not preclude a district court from granting summary judgment, even though this Court had earlier reversed an order granting summary judgment to the same party in the same case. The later summary judgment was upheld because it was based on a different motion and grounded on different issues. Berger, 698 P.2d at 401-02. The issue involved in this summary judgment is the running of the statute of limitations against appellant. The judge did not attempt to reach the merits of the malpractice claim. Conversely, the statute of limitations will not be an issue at the trial on the merits. The statute of limitations issue will be settled by the District Court’s summary judgment order, but because it is an issue separate from the merits of this case, the summary judgment order [29]*29cannot preclude appellant from attempting to prove the facts of her case.

Issue II.

Appellant asserts that the District Court erred in granting summary judgment on the basis of the running of the statute of limitations. She again advances two arguments. First, she argues that the statute did not begin to run until she discovered the legal cause of her daughter’s death. Second, she asserts that the statute was tolled by acts, errors or omissions of the defendants.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Selensky-Foust v. Mercer
2022 MT 97 (Montana Supreme Court, 2022)
Wilson v. Brandt and Flathead Valle
2017 MT 290 (Montana Supreme Court, 2017)
Runstrom v. Allen
2008 MT 281 (Montana Supreme Court, 2008)
Lundgren v. Eastern Mt. Community M
1998 MT 88N (Montana Supreme Court, 1998)
Blackburn v. Blue Mountain Women's Clinic
951 P.2d 1 (Montana Supreme Court, 1997)
Wisher v. Higgs
849 P.2d 152 (Montana Supreme Court, 1993)
Montana Pole & Treating Plant v. IF Laucks and Co.
775 F. Supp. 1339 (D. Montana, 1991)
Frigon v. Morrison-Maierle, Inc.
760 P.2d 57 (Montana Supreme Court, 1988)
Major v. North Valley Hospital
759 P.2d 153 (Montana Supreme Court, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
759 P.2d 153, 233 Mont. 25, 45 State Rptr. 1263, 1988 Mont. LEXIS 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/major-v-north-valley-hospital-mont-1988.