Morton v. Jackson Hosp. and Clinic, Inc.

• Decision Date: 21 July 1989
• Citation: 548 So.2d 1015
• Parties: Allen F. MORTON v. JACKSON HOSPITAL AND CLINIC, INC. 87-926, 87-1089.
• Court: Alabama Supreme Court

Page 1015

548 So.2d 1015

Allen F. MORTON v. JACKSON HOSPITAL AND CLINIC, INC.

87-926, 87-1089.

Supreme Court of Alabama.

July 21, 1989.

C. Neal Pope and R. Timothy Morrison of Pope, Kellogg, McGlamry, Kilpatrick & Morrison, Phenix City, and J. Paul Lowery, Montgomery, for appellant.

Thomas H. Keene and Robert C. Brock of Rushton, Stakely, Johnston & Garrett, Montgomery, for appellee.

MADDOX, Justice.

The question presented by these appeals is whether a private hospital can be liable for injuries caused by an unprovoked attack by a mental patient, who had been released from the hospital within 24 hours before the attack, on the ground that the hospital had assumed responsibility for the care, treatment, and control of the mental patient.

The plaintiff, Allen F. Morton, brought suit against Jackson Hospital and Clinic and Pendarvis Hunter, a mental patient released from the hospital, based upon an apparently unprovoked attack by Hunter upon him. Morton charged that the hospital was negligent in releasing Hunter. The trial court, finding no duty on the part of the hospital, granted the hospital's motion for summary judgment, and these appeals ensued.

Pendarvis Hunter was released from Jackson Hospital's mental wing on November 5, 1986. On November 6, 1986, in an apparently unprovoked attack, Hunter cut the throat of plaintiff Allen Morton on the sidewalk along South Court Street in Montgomery. ¹

Hunter has a history of mental illness beginning with his stint in the army. He was hospitalized while in the army and subsequent to his discharge moved to Montgomery and enrolled in the day treatment program of the Montgomery Area Mental Health Association. While at his local mental health center, Hunter engaged in a shoving match with another patient; he was then transferred to Jackson Hospital's mental wing. He was voluntarily admitted by Dr. Cecil Prescott, ² a psychiatrist on the staff at Jackson Hospital. Dr. Prescott diagnosed Hunter as a schizophrenic paranoid type and after a four-day stay recommended that he be transferred to a long-term care facility.

The Veterans' Administration hospital in Tuskegee provisionally accepted Hunter, and he was discharged from Jackson Hospital. However, upon his arrival in Tuskegee, Hunter's records were checked, and he was determined to be ineligible for VA hospitalization. He was readmitted to Jackson and stayed there from October 31, 1986, until his release on November 5, 1986.

Jackson Hospital's mental facility is designed for short-term care only. Ordinarily, patients with serious mental problems are transferred after a few days to long-term care facilities. Dr. Prescott recommended to Hunter's family that they begin involuntary commitment proceedings. Hunter's family, however, decided against involuntary commitment and agreed to keep looking for other facilities. Dr. Prescott is the only psychiatrist on the staff of Jackson Hospital, and he testified that he was in complete control of the admission and discharge of mental patients. While at Jackson, Hunter was confined to a secluded area intermittently throughout his stay, in an effort to control his inappropriate behavior. He was placed in seclusion from 2:30 p.m. on November 4 until 1:00 p.m. on November 5. He was released later that day.

While at Jackson, Hunter was placed on various drug regimens, although Dr. Prescott testified that he had not been on any one drug long enough to effectuate control of his condition. Hunter was released with several prescriptions and an open letter describing his condition to other possible health care providers. Dr. Prescott testified that he believed the local mental health officials would do follow-up work. The attack occurred the following day.

The first issue presented concerns the relationship between Dr. Prescott and Jackson Hospital. Morton argues that Dr. Prescott was acting as an agent for the hospital during Hunter's treatment and at his discharge, that the hospital cloaked Dr. Prescott with apparent and implied authority to act for the hospital, and that the duty to control Hunter was similar to the duty of one who engages in an inherently dangerous activity, and therefore, that that duty was nondelegable. We need not reach these arguments, due to the insufficiency of the pleadings on the issue of agency.

"[T]he pleader must, in pleading agency, allege some facts that show an agency relationship; that the agent was acting within the line and scope of his authority; and that the injury complained of was the proximate result of the agent's negligence or wantonness."

Robinson v. Allstate Ins. Co., 399 So.2d 288 (Ala.1981). Morton argues that the complaint, when considered as a whole, adequately raises the issue of agency by including various fictitiously named parties. Specifically, he asks us to look at paragraphs 4 through 8 of the complaint. Paragraphs 4 through 8 read:

"4. John Doe, Richard Roe, Mary Doe and Jane Doe, as well as other fictitious parties named herein, including ABCDEFG Corporations XYZ Partnership, those individuals, associations, partnerships or corporations which wilfully or wantonly or otherwise negligently participated in the injuries suffered by the Plaintiff described hereinbelow. These un-named fictitious parties will be added by way of amendment when ascertained but participated directly or indirectly in the wilful or wanton conduct causing the release of the patient at its hospital named Pendarvis Hunter (Defendant herein) and or negligently caused his release thereby.

"5. That prior to November 6, 1986, the said Pendarvis Hunter was a resident patient in the Defendant hospital operated by Jackson Hospital & Clinic, Inc., a corporation; that he was treated in said hospital for a severe mental illness in the nature of paranoia schizophrenia.

"6. That the unknown parties Defendant and fictitious parties described hereinabove were then and there engaged for the purpose of treating the said Defendant Pendarvis Hunter for his severe mental illness; that the said Defendant Hunter had previously a lengthy history of said mental illness, frequent and numerous episodes of violent conduct and behavior; was clearly unable to reside with his known family and relatives due to the mental illness suffered by him and he was known beyond peradventure that to said unknown and un-named fictitious parties and Defendant Jackson Hospital & Clinic, Inc., a corporation, to be a person of violent propensities, subject to insane delusions, murderous moods and conduct, which could result in death or disability to the Plaintiff and other citizens similarly situated.

"7. For that the Defendant Jackson Hospital and Clinic, Inc., a corporation, and the fictitious parties named herein did wilfully or wantonly or in the alternative negligently cause, allow or direct the release of the Defendant Pendarvis Hunter to the community of Montgomery, Alabama.

"8. As a proximate consequence of the stated wilful or wanton conduct or in the alternative negligent conduct of the Defendants named herein, the Plaintiff Allen F. Morton suffered the following injuries and damages:

"His throat was violently cut, he was caused to be hospitalized for a protracted period of time, he was caused to incur substantial expenses for medicals [sic], doctors, nurses, therapist [sic] and for medicines and drugs in and about treating said injuries; he will continue to have said expenses in the future; he was caused to suffer great and enormous pain and anguish; he continues to suffer said grievous mental pain and anguish and will do so in the future; he was rendered permanently and totally disabled thereby; all to his damages as aforesaid."

These allegations in the complaint do not give Jackson Hospital adequate notice of the agency claim. Clearly, that is the case, because it is quite apparent that the plaintiff knew of Dr. Prescott's role at the time summary judgment was entered. Therefore, we must determine whether there was presented a scintilla of evidence of Jackson Hospital's independent negligence without consideration of whether the acts of Dr. Prescott...