Molinari v. Tuskegee University

339 F. Supp. 2d 1293, 2004 U.S. Dist. LEXIS 20934, 2004 WL 2358273
CourtDistrict Court, M.D. Alabama
DecidedSeptember 20, 2004
DocketCivil Action 3:03cv1020-T
StatusPublished

This text of 339 F. Supp. 2d 1293 (Molinari v. Tuskegee University) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Molinari v. Tuskegee University, 339 F. Supp. 2d 1293, 2004 U.S. Dist. LEXIS 20934, 2004 WL 2358273 (M.D. Ala. 2004).

Opinion

OPINION

MYRON H. THOMPSON, District Judge.

Plaintiff Monica Molinari filed this personal-injury lawsuit against defendants Tuskegee University and Jeannine Bellamy, a professor in Tuskegee’s College of Veterinary Medicine.' Molinari claims that, while she was enrolled in the Veterinary Medicine College, Tuskegee and Bellamy negligently and wantonly allowed a cow owned by Tuskegee to kick her. Moli-nari further claims that the university negligently supervised Bellamy and willfully failed to provide timely and adequate medical treatment after Molinari was kicked. Jurisdiction is proper under 28 U.S.C.A. § 1332 (diversity). This case is before the court on Tuskegee and Bellamy’s motion for summary judgment. For the reasons discussed below, the motion will be granted in part and denied in part.

I. SUMMARY-JUDGMENT STANDARD .

Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issúe as to any material fact and that the moving party is entitled to a judgment as a matter of law.” *1296 Fed.R.Civ.P. 56(c). Under Rule 56 of the Federal Rules of Civil Procedure, the party seeking summary judgment must first inform the court of the basis for the motion, and the burden then shifts to the non-moving party to demonstrate why summary judgment would not be proper. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986); see also Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115-17 (11th Cir.1993) (discussing burden-shifting under Rule 56). The non-moving party must affirmatively set forth specific facts showing a genuine issue for trial and may not rest upon the mere allegations or denials in the pleadings. Fed.R.Civ.P. 56(e).

The court’s role at the summary-judgment stage is not to weigh the evidence or to determine the truth of the matter, but rather to determine only whether a genuine issue exists for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). In doing so, the court must view the evidence in the light most favorable to the non-moving party and draw all reasonable inferences in favor of that party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986).

II. FACTUAL BACKGROUND

Viewed in the light most favorable to Molinari, the facts are as follows. In the fall of 2001, Tuskegee owned a herd of cattle that it used for teaching and demonstrative purposes in its College of Veterinary Medicine. The university also owned cattle-handling equipment such as stanchions (metal rods that keep adjacently placed cows separated), 1 head hatches (metal device placed around a cow’s head to limit its movement), 2 and a hydraulic chute (metal holding device that lifts to enable the user to perform surgical procedures on the cow while it is in an upright position).

In October 2001, Molinari was a graduate student enrolled in Tuskegee’s College of Veterinary Medicine. As part of her coursework, she was a member of a student surgical group instructed by Bellamy. On the morning of October 10, Bellamy administered sedatives to five cows that were selected for the day’s surgical lab exercises. Afterwards, Bellamy had each cow placed in a stanchion with its head in a head hatch; no other physical restraints were used. 3

Later that afternoon, Molinari’s surgical group entered the surgical lab area and was allotted a cow on which to perform the assigned surgical procedure. Shortly after class began, Bellamy was called to Moli-nari’s group because the assigned cow was resisting the surgical procedure; Bellamy administered a second dose of sedatives to the cow. Sometime thereafter, Bellamy was again called to Molinari’s surgical group to aid a student who was having trouble giving the cow an injection. On a third occasion, Bellamy was called to Moli-nari’s group because the cow was again resisting the procedure; Bellamy performed a ‘tail crank’ (that is, the flipping of the cow’s tail onto its back to encourage the cow to stand still) to calm the cow down. 4 While performing the tail crank, Bellamy noticed that the cow had previously suffered a spinal fracture. Bellamy instructed the students in the group not to perform the surgical procedure at the cow’s spinal level; she demonstrated a *1297 modified surgical procedure and departed to supervise other students in the class. Later, while attempting to perform the assigned surgical exercise, Molinari was kicked by the cow. 5

III. DISCUSSION

In their summary-judgment motion, Tuskegee and Bellamy raise two groups of arguments. First, with regard to Moli-nari’s negligence and wantonness claims against both Tuskegee and Bellamy, the university and Bellamy argue that they are not liable because: (1) Molinari has failed to present substantial evidence of negligent or wanton misconduct; and (2) Moli-nari assumed the risk that she might be injured when she attempted to perform the surgical procedure. Second, with regard to Molinari’s negligent-supervision and wilful-failure-to-provide-medieal-treatment claims against Tuskegee exclusively, the university argues that it is not liable because: (1) Molinari has failed to present substantial evidence that the university negligently supervised Bellamy; and (2) the university had no legal duty to provide Molinari with medical treatment after she was kicked, or, assuming it had, Molinari has failed to present substantial evidence that the .university wilfully failed to provide medical treatment. The court will address each of these groups of arguments in turn.

A. Molinari’s Claims against Tuskegee and Bellamy

1. Negligence and Wantonnéss Claims

Tuskegee and Bellamy argue that Molinari has failed to present substantial evidence that they acted negligently or wantonly.

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Bluebook (online)
339 F. Supp. 2d 1293, 2004 U.S. Dist. LEXIS 20934, 2004 WL 2358273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/molinari-v-tuskegee-university-almd-2004.